Arvind Vithalbhai Chudasama vs State Of Gujarat
2021 Latest Caselaw 5948 Guj

     R/CR.RA/333/2021                             ORDER DATED: 14/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 333 of 2021
                             With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2021
      In R/CRIMINAL REVISION APPLICATION NO. 333 of 2021
==========================================================
                        ARVIND VITHALBHAI CHUDASAMA
                                    Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR IMTIYAZ I MANSURI(9159) for the Applicant(s) No. 1
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 14/06/2021
                            COMMON ORAL ORDER

ORDER IN CRIMINAL REVISION APPLICATION:

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

ORDER IN CRIMINAL MISC.APPLICATION (SUSPENSION OF SENTENCE)

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent - State. Rule is fixed forthwith.

2. Present Criminal Revision Application under Section 401 read with Section 397 of the Code of Criminal Procedure is directed against the sentence, judgment and order dated 03.04.2021 passed by learned Sessions Judge, Porbandar in Criminal Appeal No.27 of 2013, thereby dismissing the appeal and affirming the judgment, order and sentence dated 06.07.2013 passed by learned 3 rd Additional Chief Judicial

R/CR.RA/333/2021 ORDER DATED: 14/06/2021

Magistrate, Porbandar in Criminal Case No.533 of 2004 under Sections 25(1-B)(A) of the Arms Act and Section 135 of Bombay Police Act.

3. The learned advocate appearing for the applicant/original accused Mr. Imtiyaz Mansuri submits that the learned Magistrate has convicted the applicant/accused under Section 25(1-B)(A) of the Arms Act and sentenced him to suffer RI for 1 year and pay fine of Rs.3,000/- and in default, further imprisonment for a period of 2 months and under Section 135 of Bombay Police Act and sentenced him to suffer RI for 4 months and pay fine of Rs.1,000/- and in default, further imprisonment for 1 month.

4. Considering the facts stated in the application and the issue raised in the revision, it requires consideration and it will take time to dispose of the same. Hence, present application is allowed. The applicant-convict is hereby released in connection with the order of sentence and conviction passed on 06.07.2013 passed by learned 3 rd Additional Chief Judicial Magistrate, Porbandar in Criminal Case No.533 of 2004, on usual terms and conditions and on his furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court. Rule is made absolute.

Direct service is permitted through e-mode.

(ILESH J. VORA,J) TAUSIF SAIYED