Gujarat High Court
Harshadbhai Dharmendrabhai ... vs State Of Gujarat on 9 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/371/2021 ORDER DATED: 09/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 371 of 2021
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HARSHADBHAI DHARMENDRABHAI PANCHAL
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 09/06/2021
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
and on behalf of the respondent-State.
2. By way of prayer-7(c) of this application, the applicant-
original accused is seeking suspension of sentence imposed by
the judgment and order dated 04.08.2020 passed in Criminal
Case No.2119 of 2018 by learned Additional Chief Judicial
Magistrate, Deesa and to release him on bail during the
pendency of the aforementioned Criminal Revision Application.
3. Mr.Nirav Padhiyar, learned advocate for the applicant
submitted that learned Magistrate has convicted the applicant
under Section 138 of the Negotiable Instruments Act, 1881 and
sentenced him to suffer simple imprisonment for one year and
a fine of Rs.9,21,424/- has been imposed upon the applicant
and in default of payment of fine, to undergo simple
imprisonment for a further period of six months and it was
R/CR.RA/371/2021 ORDER DATED: 09/06/2021
ordered to pay Rs.8,71,424/- to the complainant as
compensation from the amount of fine. He further submitted
that the applicant had already deposited an amount of
Rs.87,200/- before the concerned Court and the applicant is
ready and willing to pay an amount of Rs.50,000/- within a
period of 15 days before the concerned Court.
4. Learned APP Ms.Krina Calla strongly opposed for grant of
bail pending the revision application.
5. Heard Mr.Nirav Padhiyar, learned advocate for the
applicant and Ms.Krina Calla, learned APP for the respondent-
State.
6. Having heard learned advocates appearing for the
respective parties and having gone through the materials
available on record as well as perused the impugned
judgment, this Court is of the considered opinion that pending
the hearing and final disposal of the Criminal Revision
Application, the substantive part of the impugned judgment
and order dated 04.08.2020 passed in Criminal Case No.2119
of 2018 by learned Additional Chief Judicial Magistrate, Deesa
is hereby suspended pending hearing and final disposal of the
Criminal Revision Application. The applicant shall be released
on bail by executing fresh bail bond of Rs.10,000/- (Rupees Ten
Thousand only) and one surety of the like amount to the
satisfaction of trial court and subject to the following
conditions:
(i) The applicant shall deposit an amount of
Rs.50,000/- before the concerned Court within a period
of 15 days from the date of his release;
R/CR.RA/371/2021 ORDER DATED: 09/06/2021
(ii) The applicant shall not take undue advantage of his
liberty granted by the Court. The applicant shall
maintain law and order and shall not indulge in any
illegal act or offence.
(iii) The applicant shall furnish full and correct address
of his residence to the concerned Court and shall not
change the same without prior permission of the
concerned Court.
(iv) The applicant shall deposit his passport, if having,
before the learned trial Court and shall not leave India
without prior permission of this Court.
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
TAUSIF SAIYED
