Laxmanji Chandanji Zala vs State Of Gujarat
2021 Latest Caselaw 4695 Guj

       R/CR.A/1696/2018                                             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. 1696 of 2018
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LAXMANJI CHANDANJI ZALA Versus STATE OF GUJARAT ========================================================== Appearance:

MR ASHISH M DAGLI for the PETITIONER(s) No. MR PRANAV TRIVEDI, APPfor the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE S.H.VORA

Date : 24/03/2021

IA ORDER

1. Notice, for final disposal. Learned APP waives service of notice for respondent - State.

2. It is a matter of fact that Criminal Appeal No.1696 of 2018 is filed against the judgment and order of conviction and sentence rendered in Special ACB Case No.49 of 2008 dated 8.10.2018 by the learned Additional Sessions Judge and Special Judge (ACB), Bhuj - Kachchh for the offences punishable under Sections 7, 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') which is at large before this Court.

3. Vide order dated 1.11.2018, the co-ordinate Bench admitted the said appeal and considering the sentence of fixed short duration, suspended the sentence until 2.11.2020 and fixed matter for final hearing on 2.11.2020 and further observed that the said order of suspension of sentence shall be extendable on the application of the applicant herein on affidavit, for two years at a time, in absence of the hearing of the appeal.

R/CR.A/1696/2018 IA ORDER

4. The fact however remains that on account of the situation arose out of COVID-2019 and in view of imposition of Nation- wide Lock-down, the said appeal could not be taken up for hearing on 2.11.2020 and at the same time, on account of the prevalent situation then, the applicant could not make an application for extension of suspension of sentence in time. Thus, the applicant moved an application being CR.MA No.1 of 2021 in CR.A No.1696 of 2018 for extension of suspension of sentence of earlier order relying upon the decision rendered by the Hon'ble Apex Court rendered on 23/10/2020; wherein the Hon'ble Apex Court extended all the interim- orders during the period of lock-down.

5. Having heard the learned Advocates appearing for the respective parties and considering the facts and circumstances of the case, more particularly, the situation then prevailing on account of COVID-2019, as also the order dated 1.11.2018 passed by the co-ordinate Bench and when there is no likelihood of hearing of the appeal in near future as the other older matters / appeals are already in queue awaiting for its turn, the order of suspension of sentence shall remain in operation pending the hearing of the appeal till 2.11.2022; on the same terms and conditions as were imposed by the co-ordinate Bench vide order dated 1.11.2018; however on fresh bond bond in the sum of Rs.10,000/-.

6. Application stands disposed of accordingly.

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