Gujarat High Court
Arifbhai Yakubbhai Vijapura vs State Of Gujarat on 18 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/349/2021 ORDER DATED: 18/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 349 of 2021
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ARIFBHAI YAKUBBHAI VIJAPURA
Versus
STATE OF GUJARAT
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Appearance:
MR BC DAVE(245) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/06/2021
ORAL ORDER
1. Rule returnable on 22.07.2021. Learned APP waives
service of notice for and on behalf of respondent - State. The
notice be served upon the respondent no.2 through concerned
Police Station.
2. This 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 20.04.2021
passed by the learned Sessions Judge, Sabarkantha at
Himmatnagar in Criminal Appeal No. 60 of 2020, whereby, the
learned Sessions Judge has confirmed the order of conviction
and sentence dated 25.11.2020 passed by the learned 2 nd
Additional Chief Judicial Magistrate, Sabarkantha at
Himmatnagar in Criminal Case No. 4847 of 2016 under Section
138 of the Negotiable Instruments Act, 1881 and dismissed the
Appeal.
R/CR.RA/349/2021 ORDER DATED: 18/06/2021
3. The learned advocate appearing for the applicant /
original accused Mr. B.C. Dave submits that the applicant was
on bail during the pendency of the trial and in the pending
Appeal. The learned Magistrate has convicted the
applicant/accused under Section 138 of the N.I. Act and
sentenced him to suffer SI for 12 months and imposed to pay
fine as well as compensation of Rs.10,00,000/- (Rs. Ten Lakhs
only), and in default thereof, 3 months SI. The appellant Court
has confirmed the said order.
4. The learned advocate for the applicant, on instructions,
submitted that the applicant has deposited an amount of
Rs.2,00,000/- (Rs. Two lakh only) before the concerned Court.
However, the learned advocate submits that over and above,
the applicant is ready and willing to deposit Rs.2,00,000/- (Rs.
Two Lakhs only) before the concerned court within a period of
3 months from today and prayed that the applicant may be
enlarged on bail.
5. Considering the facts and circumstances of the case and
the fact that the Criminal Revision Application requires
consideration and it will take some time to dispose of, pending
the present Criminal Revision Application, the applicant -
convict is hereby released in connection with the order of
sentence and conviction passed on 25.11.2020 by the learned
2nd Additional Chief Judicial Magistrate at Himmatnagar, Dist.:
Sabarkantha in Criminal Case No. 4847 of 2016, on usual
terms and conditions and on his furnishing personal bond of
Rs.10,000/- (Rs. Ten Thousand only) with one surety of the like
amount to the satisfaction of the trial Court and also on a
R/CR.RA/349/2021 ORDER DATED: 18/06/2021
condition that the applicant shall deposit an amount of
Rs.2,00,000/- (Rs. Two lakhs only) before the trial Court within
a period of 3 month from today. The compensation as directed
by the court below is also hereby suspended till final disposal
of present Revision Application.
Direct service through FAX and E-mail is permitted.
(ILESH J. VORA,J)
P.S. JOSHI
