Gujarat High Court
Manubhai Becharbhai Baraiya vs State Of Gujarat on 3 March, 2021
Bench: Bela M. Trivedi
R/CR.A/84/2021 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2021
In
R/CRIMINAL APPEAL NO. 84 of 2021
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MANUBHAI BECHARBHAI BARAIYA
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR for the PETITIONER(s) No.
MS CM SHAH, ADDITIONAL PUBLIC PROSECUTOR for the
RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
Date : 03/03/2021
IA ORDER
1. The present application has been filed by the
applicants - accused (total 8 in numbers) under
Section 389 of the Cr.P.C. seeking suspension of
the execution of the sentence imposed by the
District and Sessions Judge at Bhavnagar vide
order dated 23.12.2020 in Sessions Case
No.85/2018, whereby the applicant No.1 was
convicted under Sections 326, 323, 143, 147, 148
and 149 of the Indian Penal Code and sentenced to
undergo rigorous imprisonment for a period of
five years for the alleged offence under Section
326 and simple imprisonment for a period of six
months for the offence under Section 323, simple
imprisonment of three months for the offence
R/CR.A/84/2021 IA ORDER
under Sections 143 and 149 of the Indian Penal
Code, simple imprisonment of one year for the
offence under Sections 147 and 149 of the Indian
Penal Code and simple imprisonment of two years
for the offence under Section 148 and 149 of the
Indian Penal Code. The Sessions Court has
convicted the other accused No.2 to 8 for the
offences under Sections 323, 143, 147, 148 and
149 of the Indian Penal Code and sentenced them
to undergo various imprisonment for different
period, maximum upto six months.
2. Heard learned Advocates for the parties at
length.
3. Learned Additional Public Prosecutor Ms. C.M.
Shah has requested this Court not to pass a
reasoned order as the State has filed an Appeal
against the judgment of acquittal of the
applicants accused for the offence under Section
307 of the Indian Penal Code.
4. Having regard to the facts and circumstances
of the case, the present application deserves to
be allowed and is allowed accordingly. The
execution of the order of sentence imposed vide
the judgment and order dated 23.12.2020 passed by
the District and Sessions Judge at Bhavnagar in
Sessions Case No.85/2018, qua each of applicants
is hereby suspended till the final disposal of
the Appeal, subject to the condition that each of
R/CR.A/84/2021 IA ORDER
them shall furnish a personal bond of Rs.25,000/
(Rupees Twenty Five Thousand Only) and one
solvent surety of the like amount to the
satisfaction of the concerned Court and subject
to the further following conditions :
(a) they shall not take undue advantage of his
liberty or abuse his liberty;
(b) they shall maintain law and order;
(c) they shall surrender their passports, if any,
to the lower Court, within a week and if they do
not possess any passport, then they shall make a
declaration to that effect before the trial
Court;
(d) they shall furnish an affidavit furnishing
their full, correct and permanent address and the
phone number. If during the pendency of the
criminal appeal any change in their residential
address, permanent or temporary, takes place then
the applicants shall intimate the same to the
trial Court as well as the concerned Police
Station;
(e) they shall not leave the limits of Gujarat
State without prior permission of this Court;
(f) they shall mark their presence in the first
week of every month before the concerned Police
Station, i.e. Palitana Rural Police Station.
5. It is made clear that any observations made
while deciding this application are merely prima
facie observations made for the purpose of
R/CR.A/84/2021 IA ORDER
suspension of sentence, and shall have no bearing
on the final outcome of the Appeal.
6. Rule is made absolute accordingly. Direct
Service as well as service through Electronic
Mode, is permitted.
Sd/-
(BELA M. TRIVEDI, J)
Caroline
