Gujarat High Court
Raymalsing Bhursing Solanki ... vs State Of Gujarat on 8 March, 2021
Bench: Rajendra M. Sareen
R/CR.A/345/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 345 of 2021
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 1 of 2021
In R/CRIMINAL APPEAL NO. 345 of 2021
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RAYMALSING BHURSING SOLANKI (THAKOR)
Versus
STATE OF GUJARAT
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Appearance:
MR ANKIT Y BACHANI(5424) for the Appellant(s) No. 1
MS C.M.SHAH, APP(2) for the Opponent(s)/Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 08/03/2021
COMMON ORAL ORDER
ORDER IN CRIMINAL APPEAL NO.345 OF 2021
The Appeal is ADMITTED. Ms. C.M. Shah, learned APP waives
service of notice of admission on behalf of the respondent - State.
ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2021
1. Rule. Ms. C.M. Shah, learned APP waives service of Rule on
behalf of the respondent - State.
2. The present application has been filed by the applicant -
accused No. 2 under section 389 of the Cr.P.C. seeking suspension
of execution of the judgment and order of sentence dated
30.01.2021 passed by the 2nd Additional District and Sessions
R/CR.A/345/2021 ORDER
Judge, Deesa at Banaskantha in Sessions Case No. 36 of 2016,
whereby the applicant along with other coaccused were convicted
and sentenced to undergo simple imprisonment for a period of
three years for the alleged offences under section 326 of the IPC.
3. It is submitted by the learned advocate Mr. Ankit Bachani
for the applicant that the applicant was released on bail pending
the trial and since the applicant along with other accused have
been sentenced to undergo imprisonment for a period of three
years only, the applicant be released on bail.
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 30.01.2021 passed by the 2nd
Additional District & Sessions Judge, Deesa at Banaskantha in
Sessions Case No. 36 of 2016 qua the present applicant -
Raymalsing Bhursing Solanki (Thakor) accused No. 2 is hereby
suspended till the final disposal of the Appeal. The applicant
Raymalsing Bhursing Solanki (Thakor) is ordered to be released
on bail, in case, he is not required in any other offence, subject to
the condition that he shall furnish personal bond of Rs. 25,000/
and one solvent surety of the like amount to the satisfaction of the
concerned Court and subject to the further following conditions :
(a) he shall not take undue advantage of his liberty or abuse his liberty;
(b) he shall maintain law and order;
(c) he shall surrender his passport, if any, to the lower court, within a
week and if he does not possess any passport, then he shall make a
R/CR.A/345/2021 ORDER
declaration to that effect before the trial court;
(d) he shall furnish an affidavit furnishing his full, correct and
permanent addresses and the phone number. If during the pendency of
the criminal appeal any change in his residential address, permanent or
temporary, takes place, then the applicant shall intimate the same to the
trial court as well as the concerned Police Station;
(e) he shall not leave the limits of Gujarat State without prior permission
of this Court;
(f) he shall mark his presence in first week of every month before the
nearest 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 grant of bail and shall have no bearing on the final
outcome of the Appeal.
6. Rule is made absolute accordingly. Registry is directed to
communicate this order by FAX or Email to the concerned
Authority. Direct service is permitted through emode.
(RAJENDRA M. SAREEN,J)
URIL RANA
