Gujarat High Court
Mahammadbhai Jamalbhai Rasamana vs The State Of Gujarat on 25 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/407/2021 ORDER DATED: 25/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 407 of 2021
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1
of 2021
In R/CRIMINAL REVISION APPLICATION NO. 407 of 2021
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MAHAMMADBHAI JAMALBHAI RASAMANA & 2 other(s)
Versus
THE STATE OF GUJARAT
=====================================================
Appearance:
MR ANVESH V VYAS(5654) for the Applicant(s) No. 1,2,3
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1,2,3
MRS.KRINA CALLA APP(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 25/06/2021
ORAL ORDER
ORDER IN R/CRIMINAL REVISION APPLICATION NO. 407 of 2021
Rule. Learned APP waives service of notice of rule for and on
behalf of respondent - State.
ORDER IN CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 1 of 2021.
[1] Rule. Learned APP waives service of notice of rule for
and on behalf of respondent - State.
[2] By way of prayer-8(B) of this application, the
applicants-original accused are seeking suspension of sentence
imposed vide judgment and order dated 16.06.2021 passed by
learned 7th Additional Sessions Judge, Banaskantha at Palanpur
passed in Criminal Appeal No.63 of 2018 confirming the conviction
R/CR.RA/407/2021 ORDER DATED: 25/06/2021
vide order dated 11.12.2018 passed by the learned Additional
Judicial Magistrate, First Class, Danta in Criminal Case No.1001 of
2014 and to release them on bail during the pendency of the
aforementioned Criminal Revision Application.
[3] Learned advocate for the applicants states that the
learned Magistrate, Danta has convicted the applicants under
Sections 323, 325, 504, 506(2) & 114 of the Indian Penal Code and
Section 135 of the G.P.Act and the conviction was confirmed by the
learned Sessions Judge, Banaskantha at Palanpur. He submitted that
the learned trial Court has imposed very short sentence upon the
applicants. Therefore, considering the facts and circumstances of the
present case, the sentence may be suspended, and he has urged
before this Court to allow the present application.
[4] Mrs.Krina Calla, learned APP for the respondent - State
strongly opposed for grant of suspension of sentence.
[5] Heard learned advocate for the applicants and learned
APP for the respondent-State.
[6] Heard learned advocates appearing for the respective
parties and perused the case papers. Considering the issues raised in
the present revision application, without entering into the merits of
this case, this Court is of the considered opinion that present
application requires consideration and prayer in terms of bail is
allowed. The sentence imposed by the impugned judgment and
order dated 11.12.2018 passed by the learned Additional Judicial
Magistrate, First Class, Danta in Criminal Case No.1001 of 2014, is
hereby suspended pending hearing and final disposal of the
Criminal Revision Application. The applicants shall be released on
bail by executing fresh bond of Rs.10,000/- (Rupees Ten Thousand
R/CR.RA/407/2021 ORDER DATED: 25/06/2021
Only) each and one surety of like amount to the satisfaction of trial
Court on condition that they shall proceed with the Criminal
Revision Application as and when it may be listed, and they shall
surrender their passport, if having, before the learned trial Court
and shall not leave India without prior permission of this Court.
Rule is made absolute to the aforesaid extent.
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
Manoj
