Bharatbhai Premdasbhai ... vs State Of Gujarat
2021 Latest Caselaw 5802 Guj

     R/CR.RA/377/2021                            ORDER DATED: 10/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 377 of 2021
                              With
      CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
        In R/CRIMINAL REVISION APPLICATION NO. 377 of 2021
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                   BHARATBHAI PREMDASBHAI CHARANDAS
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.KRINA CALA APP(2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 10/06/2021

                           ORAL ORDER

ORDER IN R/CRIMINAL REVISION APPLICATION NO. 377 of 2021

Rule. Learned APP waives service of notice of rule for and on behalf of respondent - State.

ORDER IN CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent­State.

2. By way of prayer­5(c) of this application, the applicant­original accused is seeking suspension of sentence imposed vide judgment and order dated 16.04.2021 passed by learned 6th Additional District & Sessions Judge, Bhavnagar passed in Criminal Appeal No. 36 of 2019 confirming the conviction vide order dated 30.04.2019 passed by the learned 2nd additional Chief Judicial Magistrate, Bhavnagar in Criminal Case No.4595 of 2007 and to release him on bail during the pendency of the aforementioned Criminal Revision Application.

R/CR.RA/377/2021 ORDER DATED: 10/06/2021

3. Mr. Ruchit J Vyas, learned advocate for the applicant submitted that the applicant was on bail during the pendency of trial and also pending the appeal. He has submitted that the learned Magistrate has convicted the applicant under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to suffer simple imprisonment for 6 months and to pay fine of Rs.500/­, in default, further simple imprisonment for 3 months.

4. Mrs.Krina Calla, learned APP for the respondent - State strongly opposed for grant of suspension of sentece.

5. Heard learned advocate for the applicant and learned APP for the respondent­State.

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 present applicant requires consideration and prayer in terms of bail is allowed. The sentence imposed by the judgment and order dated 16.04.2021 passed by learned 6th Additional District & Sessions Judge, Bhavnagar passed in Criminal Appeal No. 36 of 2019 is hereby suspended pending hearing and final disposal of the Criminal Revision Application. The applicant shall be released on bail by executing fresh bond of Rs.10,000/­ (Rupees Ten 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.

Direct service is permitted through e­mode.

(ILESH J. VORA,J) Manoj