Thakore Mahadevji Chaganji vs State Of Gujarat
2021 Latest Caselaw 6043 Guj

     R/CR.A/2453/2019                                     IA ORDER DATED: 15/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2019
             In R/CRIMINAL APPEAL NO. 2453 of 2019
==========================================================

THAKORE MAHADEVJI CHAGANJI Versus STATE OF GUJARAT ========================================================== Appearance:

MR VIVEK V BHAMARE, ADVOCATE for the Applicant MR HARDIK SONI, APP for the Respondent-State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 15/06/2021

IA ORDER

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

2. The applicant is convicted by the Additional Sessions Judge and Special Judge, Patan vide judgment dated 22.10.2019 in Special (POCSO) Case No. 03 of 2016. The conviction is for having committed offences under Sections 363, 366 & 376 of the Indian Penal Code and Section 3A & 4 of the Protection of Children from Sexual Offences Act, 2013. By the said judgment, the applicant is ordered to undergo rigorous imprisonment 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 19.12.2019.

4. It is indicated that the Sessions Court had already

R/CR.A/2453/2019 IA ORDER DATED: 15/06/2021

acquitted the applicant for the offence alleged under Sections 363 & 366 of the Indian Penal Code.

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, including the period spent in jail by the applicant by this time, 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 Additional Sessions Judge and Special Judge, Patan vide judgment dated 22.10.2019 in Special (POCSO) Case No. 03 of 2016 shall remain suspended during pendency of the appeal.

7.3 The applicant shall be released on bail on executing personal bond of Rs.5,000/- (Rupees Five Thousand only) and one surety of the like amount before the trial Court.

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

(PARESH UPADHYAY, J) SALIM/121