Gulam Noormamadbhai ... vs State Of Gujarat
2021 Latest Caselaw 6885 Guj

     R/CR.A/444/2021                         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. 444 of 2021
==========================================================

GULAM NOORMAMADBHAI MOHAMMADBHAI SUMARIYA Versus STATE OF GUJARAT ========================================================== Appearance:

MR PRATIK Y JASANI, ADVOCATE for the 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.

2. The applicant is convicted by the 2nd Additional Sessions Judge, Rajkot at Dhoraji vide judgment dated 07.12.2019 in Sessions Case No. 22 of 2019. The conviction is under Sections 376(2)(n) & 366 of the Indian Penal Code. By the said judgment, the applicant is ordered to undergo rigorous imprisonment for a period of ten 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 01.04.2021.

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

5. Having heard learned advocates for the respective

R/CR.A/444/2021 IA ORDER DATED: 24/06/2021

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.

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

6.1     This application is allowed.

6.2     It is ordered that the sentence imposed on the applicant

by the 2nd Additional Sessions Judge, Rajkot at Dhoraji vide judgment dated 07.12.2019 in Sessions Case No. 22 of 2019 shall remain suspended during pendency of the appeal.

6.3 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 before the trial Court.

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

Direct service is permitted.

(PARESH UPADHYAY, J) SALIM/231