Dipak @ Dipeshkumar Dashrathpuri ... vs State Of Gujarat
2021 Latest Caselaw 6890 Guj

     R/CR.A/360/2021                                 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. 360 of 2021
==========================================================

DIPAK @ DIPESHKUMAR DASHRATHPURI GOSWAMI

DASHRATHPURI SUKHDEVPURI GOSWAMI

AND

KIRANPURI DASHRATHPURI GOSWAMI

Versus

STATE OF GUJARAT ========================================================== Appearance:

MR HB CHAMPAVAT for the PETITIONER(s) No. MR HARDIK SONI, APP for the Respondents ==========================================================

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 three applicants are convicted by the 2nd Additional Sessions Judge, Deesa, vide judgment dated 10.02.2021 in Sessions Case No.61 of 2016. The conviction is under Sections 325, 323 and 114 of the Indian Penal Code. By the said judgment, the applicant is ordered to undergo simple imprisonment for a period three years. Fine is also imposed and in default thereof, simple imprisonment is also imposed.

R/CR.A/360/2021 IA ORDER DATED: 24/06/2021

3. The appeal is admitted by this Court vide order dated 10.03.2021.

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 2nd Additional Sessions Judge, Deesa, vide judgment dated 10.02.2021 in Sessions Case No.61 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) MOBHATI/PS/228