Gujarat High Court
Lalabhai Balabhai Baria vs State Of Gujarat on 24 March, 2021
Bench: Bela M. Trivedi
R/CR.A/112/2021 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. 112 of 2021
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LALABHAI BALABHAI BARIA
Versus
STATE OF GUJARAT
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Appearance:
MR RAMNANDAN SINGH for the PETITIONER(s) No.
MS. C.M. SHAH, APP, for the RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
Date : 24/03/2021
IA ORDER
1. The present application has been filed by
the applicants under section 389 of the Cr.P.C.
seeking suspension of the sentence imposed vide
the judgment and order dated 02.01.2021 passed
by the 2nd Additional Sessions Judge, Panchmahals
at Halol in Sessions Case No. 38 of 2019,
whereby the applicants have been convicted for
the offence punishable under section 9-B(1)(kh)
of the Explosives Act, 1984, and have been
directed to undergo rigorous imprisonment for a
period of two years and to pay fine of Rs.
3,000/-, in default thereof, to undergo rigorous
imprisonment for a period of six months.
2. Heard learned advocates for the parties.
R/CR.A/112/2021 IA ORDER
3. Having regard to the facts and circumstances
of the case, more particularly the sentence
imposed, the present application deserves to be
allowed and is allowed accordingly. The
execution of the order of sentence imposed on
the applicants - accused vide the judgment and
order dated 02.01.2021, passed by the 2nd
Additional Sessions Judge, Panchmahals at Halol
in Sessions Case No. 38 of 2019 is hereby
suspended till the final disposal of the Appeal,
subject to the condition that they shall furnish
personal bond of Rs. 25,000/- each and one
solvent surety of the like amount each to the
satisfaction of the concerned Court, and subject
to the further following conditions :
(a) they shall not take undue advantage of their
liberty or abuse their liberty;
(b) they shall maintain law and order;
(c) they shall surrender their passport, 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 addresses and
the phone number. If during the pendency of the
R/CR.A/112/2021 IA ORDER
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 first week
of every month before the concerned Damavav
police station.
4. 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.
5. Rule is made absolute accordingly. Direct
service is permitted.
(BELA M. TRIVEDI, J)
AMAR SINGH
