Gujarat High Court
Bahadur @ Rajnikant Babubhai ... vs State Of Gujarat on 23 March, 2021
Bench: S.H.Vora
R/CR.RA/234/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 234 of 2021
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 234 of 2021
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BAHADUR @ RAJNIKANT BABUBHAI DAFDA
Versus
STATE OF GUJARAT
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Appearance:
MR NIKHIL S VYAS(5663) for the Applicant(s) No. 1
MR. ANIL P JAGANI(6729) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 23/03/2021
Order in Criminal Revision Application
Learned advocate for the applicant states at bar that the
applicant has surrendered to the Amreli Jail and presently, he
is in judicial custody and further states at bar that there are
no other offences registered against the present applicant.
Considering the nature of sentence imposed upon the
applicant which is of fixed duration of one year, present
revision application deserves consideration. Hence, Rule.
Learned APP waives service of notice of Rule for respondent-
State.
Order in Criminal Misc. Application
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
R/CR.RA/234/2021 ORDER
learned trial Court for the offence punishable under Section
224 of the Indian Penal Code and sentenced for S.I. for 1 year
and to pay fine of Rs.1000/-, in default, further S.I. for 15
days. The applicant has also filed Criminal Revision
Application before this Court which came to be admitted.
4. Upon considering the submissions made at bar, it
appears that the applicant is required to suffer the sentence
imposed upon him. 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.
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 9.3.2021
passed by the learned 2nd Additional Sessions Judge, Dhari in
Criminal Appeal No.8 of 2018 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 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
