Kalpeshbhai Vanjibhai Chaudhary vs State Of Gujarat
2021 Latest Caselaw 4179 Guj

        R/CR.RA/169/2021                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL REVISION APPLICATION NO. 169 of 2021

==========================================================
                 KALPESHBHAI VANJIBHAI CHAUDHARY
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR S D MANSURI(7509) for the applicants(s) No. 1,2
MR PRANAV TRIVEDI, APP(2) for the Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                           Date : 15/03/2021

                            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 applicants are convicted by the learned trial Court for the offence punishable under Section 332 of the Indian Penal Code and sentenced for S.I. for 01 year and to pay fine of Rs.2,000/-, in default, further S.I. for one month, u/s 353 of the Indian Penal Code and sentenced for S.I. for 01 year and to pay fine of Rs.1000/-, in default, further S.I. for one month and u/s 225 of the Indian Penal Code and sentenced for S.I. for 01 year and to pay fine of Rs.1000/-, in default, further S.I. for one month . The applicants have filed present Criminal Revision Application before this Court which came to be admitted. The applicants have also prayed in present Criminal Revision Application for suspension of sentence.

R/CR.RA/169/2021 ORDER

4. Upon considering the submissions made at bar, it appears that the applicants are required to suffer the sentence imposed upon them concurrently. The applicants are sentenced for a fixed period and the Criminal Revision Application is not likely to be heard in near future. Learned advocate for the applicant states at bar that the applicants have surrendered to the concerned jail authority.

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 applicants dated 11.2.2021 passed by the learned 18th Additional Sessions Judge, Surat in Criminal Appeal No.240 of 2017 is hereby suspended and the applicants 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/- each to the satisfaction of the learned Sessions Court concerned and on further conditions to pay the fine amount within 7 days from today, if not paid till date.

Direct service is permitted.

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