Jagdishbhai Dagdubhai Kadam vs State Of Gujarat
2021 Latest Caselaw 5737 Guj

      R/CR.A/682/2021                                ORDER DATED: 09/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/CRIMINAL APPEAL NO. 682 of 2021
                              With
      CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
               In R/CRIMINAL APPEAL NO. 682 of 2021
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                        JAGDISHBHAI DAGDUBHAI KADAM
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR UTPAL M PANCHAL(1075) for the Appellant(s) No. 1
MS.KRINA CALLA APP (2) for the Opponent(s)/Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

                      Date : 09/06/2021
                         ORAL ORDER

ORDER IN CRIMINAL APPEAL

Heard. ADMIT.

The formal service of notice of admission is waived by learned APP for and on behalf of the respondent­State.

ORDER IN CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2021.

[1] Rule. Learned APP waives service of notice of Rule for and on behalf of respondent­State.

[2] This application is filed by the applicant seeking suspension of sentence imposed by the judgment and order dated 08.04.2021 passed by learned Special(ACB) Judge, Tapi at Vyara in Special (ACB) Case No.05 of 2013 and to release him on bail during the pendency of the aforementioned Criminal Appeal.

[3] Mr.Utpal Panchal, learned advocate for the applicant states that during the trial, the applicant was on bail, and after conviction, he

R/CR.A/682/2021 ORDER DATED: 09/06/2021

had moved application for bail before the learned trial Court and the learned trial Court has enlarged on bail for a period of 30 days so as to enable the convict to file appeal before the Hon'ble High Court. He further submits that during that period, the applicant has moved appeal alongwith suspension of sentence before 08.05.2021, and in the meanwhile, the applicant infected Covid­19 decease. Therefore, considering the facts and circumstances of the present case, the sentence may be suspended, and he has urged before this Court to allow the present application.

[4] On the other hand, Ms.Krina Calla, learned APP for the respondent State has strongly opposed to allow the present application. [5] Heard learned advocates for the respective parties. [6] Having heard learned advocates for the respective parties and having gone through the materials available on record and arguments advanced by learned advocate for the applicant as well as perused the impugned judgment, this Court is of the considered opinion, the present application requires consideration and prayer in terms of bail is allowed. The sentence imposed by the judgment and order dated 08.04.2021 passed by learned Special(ACB) Judge, Tapi at Vyara in Special (ACB) Case No.05 of 2013, is hereby suspended pending hearing and final disposal of the Criminal Appeal. The applicant shall be released on bail by executing fresh bond of Rs.15,000/­ (Rupees Fifteen Thousand Only) and one surety of like amount to the satisfaction of trial Court on condition that he shall proceed with the Criminal Appeal as and when it may be listed, and he shall surrender his passport, if having, before the learned trial Court and shall not leave India without prior permission of this Court. Rule is made absolute to the aforesaid extent.

(ILESH J. VORA,J) Manoj