Ajitji Arvindji Thakor vs State Of Gujarat
2021 Latest Caselaw 5806 Guj

     R/CR.A/604/2021                                      IA ORDER DATED: 10/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 604 of 2021

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AJITJI ARVINDJI THAKOR Versus STATE OF GUJARAT ========================================================== Appearance:

KARAN Y VYAS for the PETITIONER(s) No. PUBLIC PROSECUTOR for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 10/06/2021

IA ORDER

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

2. The applicant is convicted by the Special Judge (P.O.C.S.O.), Gandhinagar, vide judgment dated 25.03.2021 in Special (POCSO) Case No.19 of 2018. The conviction is under Sections 363, 366 and 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. By the said judgment, the applicant is ordered to undergo rigorous imprisonment (maximum) for a period of seven 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 24.05.2021.

R/CR.A/604/2021 IA ORDER DATED: 10/06/2021

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

5. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

6. 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.

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

7.1     This application is allowed.

7.2     It is ordered that the sentence imposed on the applicant

by the Special Judge (P.O.C.S.O.), Gandhinagar, vide judgment dated 25.03.2021 in Special (POCSO) Case No.19 of 2018, shall remain suspended during pendency of the appeal.

7.3 The applicant shall be released on bail on executing personal bond of Rs.10,000/- (Rupees Ten Thousand only) and one surety of the like amount.

7.4 Rule is made absolute in above terms. Registry to communicate this order to the concerned Court/ authority by Fax or Email forthwith. Direct service is permitted.

(PARESH UPADHYAY, J) M.H. DAVE/76