Bhopabhai Nagjibhai Labhka vs State Of Gujarat
2021 Latest Caselaw 6884 Guj

     R/CR.A/392/2021                                IA ORDER DATED: 24/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                          CRIMINAL MISC.APPLICATION
                        (FOR SUSPENSION OF SENTENCE)
                                 NO. 1 of 2021
                                       In
                       R/CRIMINAL APPEAL NO. 392 of 2021

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BHOPABHAI NAGJIBHAI LABHKA KANJIBHAI NAGJIBHAI LABHKA & BENABEN W/O. NAGJIBHAI LABHKA

Versus

STATE OF GUJARAT & ANR.

========================================================== Appearance:

TATVDEEP J JANI, ADVOCATE for the APPELLANT - APPLICANT MR HARDIK SONI, APP for the RESPONDENT - State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 24/06/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal. There are three applicants.

2. All the three applicants are convicted by the Additional Sessions and Special Judge, Bhavnagar vide judgment dated 22.02.2021 in Sessions Case No.08 of 2016. The conviction is under Section 323 read with Section 114 of the Indian Penal Code and Sections 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. By the said judgment, the applicant is ordered to undergo rigorous imprisonment maximum for a period of two years. Fine is also imposed and in default thereof, simple imprisonment is also

R/CR.A/392/2021 IA ORDER DATED: 24/06/2021

imposed.

3. The appeal is admitted by this Court vide order dated 25.03.2021.

4. It is indicated that the Sessions Court has already, in exercise of powers under Section 389 of Cr.P.C., suspended the sentence for limited period and the applicants are on bail.

5. Heard learned advocate for the appellants / applicants 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 applicants

by the Additional Sessions and Special Judge, Bhavnagar vide judgment dated 22.02.2021 in Sessions Case No.08 of 2016, which is suspended by the concerned Sessions Court for a limited period, shall remain suspended during pendency of the appeal, on the same conditions as imposed by the Trial Court, but fresh bonds shall be submitted by the applicants.

7.3 Rule is made absolute in above terms.

(PARESH UPADHYAY, J) SHRIJIT PILLAI/229