Vijaykumar Chimanbhai Patel vs State Of Gujarat
2021 Latest Caselaw 4121 Guj

        R/CR.RA/100/2021                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 100 of 2021
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               VIJAYKUMAR CHIMANBHAI PATEL
                           Versus
                     STATE OF GUJARAT
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Appearance:
HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                           Date : 12/03/2021

                            ORAL ORDER

1. Rule. Learned A.P.P. waives service of Rule for the respondent - State.

2. Heard submissions made at bar.

3. This is a case where, the applicant is convicted by the learned trial Court for the offence punishable under Section 325 of the Indian Penal Code and sentenced for R.I. for 2 years and to pay fine of Rs.10,000/-, in default, further S.I. for six months, u/s 323 of the Indian Penal Code and sentenced for S.I. for 3 months and to pay fine of Rs.10,000/-, in default, further S.I. for six months and u/s 504 of the Indian Penal Code and sentenced for S.I. for 6 months and to pay fine of Rs.10,000/-, in default, further S.I. for six months. The applicant has filed present Criminal Revision Application before this Court which came to be admitted. The applicant has also prayed in present Criminal Revision Application for suspension of sentence.

4. Upon considering the submissions made at bar, it appears that the applicant is required to suffer the sentence

R/CR.RA/100/2021 ORDER

imposed upon him separately. The applicant is sentenced for a fixed period and the Criminal Revision Application is not likely to be heard in near future. No breach of bail condition pending trial, but the applicant is convicted in past and he is on bail in the Criminal Revision Application preferred by him as per order dated 10.5.2019 passed in Criminal Revision Application No.557 of 2019 and therefore, suitable condition pending hearing of present Criminal Revision Application requires to be imposed upon the applicant.

5. Therefore, considering the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned A.P.P. to refuse/decline the application, pending hearing of the Criminal Revision Application, judgment and order of sentence imposed upon the applicant dated 30.1.2021 passed by the learned 5th Additional Sessions Judge, Mehsana in Criminal Appeal No.232 of 2019 is hereby suspended and the applicant shall remain on bail pending hearing of the Criminal Revision Application on the same terms and conditions as were imposed by the appeal Court at the time of grant of bail pending hearing of appeal, but by furnishing fresh bail bond of Rs.20,000/- to the satisfaction of the learned Sessions Court concerned and on further conditions to (i) pay the fine amount within 7 days from today, if not paid till date (ii) not to enter village Bhavsor, Tal: Vijapur, Dist: Mehsana for six months.

Direct service is permitted.

(S.H.VORA, J) SHEKHAR P. BARVE