Patel Pankajbhai Naranbhai vs State Of Gujarat
2021 Latest Caselaw 5734 Guj

     R/CR.A/383/2021                                IA ORDER DATED: 09/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 383 of 2021

==========================================================

PATEL PANKAJBHAI NARANBHAI,

BHASKARBHAI ISHWARBHAI PATEL,

AKSHAY PANKAJBHAI PATEL,

KAIVAL MAFATBHAI PATEL,

KIRITBHAI TRIKAMBHAI PATEL,

RITESHBHAI MAFATBHAI PATEL

AND

MAYUR PANKAJBHAI PATEL

Versus

STATE OF GUJARAT ========================================================== Appearance:

MR ASHISH M DAGLI for the APPLICANTS MR HARDIK SONI, APP for the RESPONDENT ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 09/06/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal.

2. The applicants are convicted by the Sessions Judge, Anand, vide judgment dated 17.02.2021 in Sessions Case No.157 of 2017. The conviction is under Sections 307, 323,

R/CR.A/383/2021 IA ORDER DATED: 09/06/2021

324, 143, 147 and 149 of the Indian Penal Code. So far the sentence part is concerned, principally the applicants are awarded simple imprisonment for a period of three years. Fine is also imposed and in default thereof, simple imprisonment is also imposed.

3. The appeal is admitted by this Court vide order dated 10.03.2021.

4. It is indicated that the Sessions Court has already, in exercise of powers under Section 389 of Cr.P.C., suspended the sentence for limited period and the applicants are on bail.

5. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the State.

6. Heard learned advocate for the appellants / applicants and learned Additional Public Prosecutor for the State.

7. Having heard learned advocates for the respective parties and having considered the totality, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal.

8. In view of above, the following order is passed.

8.1     This application is allowed.

8.2     It is ordered that the sentence imposed on the applicants

by the Sessions Judge, Anand, vide judgment dated 17.02.2021 in Sessions Case No.157 of 2017, which is suspended by the concerned Sessions Court for a limited period, shall remain suspended during pendency of the appeal, on the same

R/CR.A/383/2021 IA ORDER DATED: 09/06/2021

conditions as imposed by the Trial Court, but fresh bonds shall be submitted by the applicants.

8.3 Rule is made absolute in above terms.

(PARESH UPADHYAY, J) M.H. DAVE/277