Gujarat High Court
Dipakbhai @ Dilipbhai ... vs State Of Gujarat on 25 March, 2021
Bench: A.J.Desai, A.S. Supehia
R/CR.A/914/2020 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. 914 of 2020
=========================================
DIPAKBHAI @ DILIPBHAI RAMSINGHBHAI MAL
Versus
STATE OF GUJARAT
=========================================
Appearance :
MR P P MAJMUDAR for the PETITIONER.
MS KRINA CALLA, Additional Public Prosecutor for the RESPONDENT.
=========================================
CORAM : HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 25/03/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. By way of the present application preferred under
Section 389 of the Code of Criminal Procedure, 1973, the applicant
- original appellant - accused has prayed to suspend the sentence
imposed vide judgment and order dated 14.9.2020 passed by
learned 4th Additional Sessions Judge, Dahod in Sessions Case
No.48 of 2019, till the final disposal of the appeal. By the said
judgment, the applicant is convicted for the offence punishable
under Section 304 of the Indian Penal Code and is sentenced to
undergo four years simple imprisonment along with fine of Rs.500/-
and in default of payment of fine, further simple imprisonment of
three months. The appellant is also sentenced to undergo two
years of simple imprisonment for the offence punishable under
Section 317 of the Indian Penal Code along with fine of Rs.500/-
and in default of payment of fine, further simple imprisonment of
three months. The sentences are ordered to run concurrently.
R/CR.A/914/2020 IA ORDER
2. State of Gujarat has also filed Criminal Appeal No.411
of 2021 seeking enhancement of the sentence awarded to the
applicant.
3. We have heard Mr. P.P. Majmudar, learned advocate
appearing for the applicant and Ms. Krina Calla, learned Additional
Public Prosecutor appearing for the respondent - State and gone
through necessary depositions as well as documentary evidence
from the Records and Proceedings which is received from the
learned Trial Court. We have also gone through the depositions of
the Medical Officers, the complainant i.e. father of the deceased
and grandfather of the child. We have also considered the manner
and method in which the incident has taken place. We have also
considered the fact that the applicant is sentenced for a period of
four years under Section 304 of the Indian Penal Code and the
applicant was on bail during the pendency of the trial and has
undergone almost 11 months imprisonment.
4. Having regard to the facts and circumstances of the
case and to the submissions made by the learned Advocates for the
parties and without going into detail at this stage, we are of the
opinion that the present application deserves to be granted.
Accordingly, the present application is allowed.
5. In view of the above, it is directed that the execution of
the sentence imposed by judgment and order dated 14.9.2020
passed by learned 4th Additional Sessions Judge, Dahod in Sessions
Case No.48 of 2019 shall remain suspended pending the appeal
qua the present applicant - appellant - Dipakbhai @
Dilipbhai Ramsinghbhai Mal and that he shall be released on
bail pending the appeal subject to the following conditions :-
R/CR.A/914/2020 IA ORDER
(i) The applicant shall furnish the bond of
Rs.10,000/- (Rupees Ten Thousand only) and
surety of the like amount and also furnish his full
and correct present and permanent address, if
any, along with the contact number.
(ii) The applicant shall deposit his passport, if
any, before the concerned Sessions Court.
(iii) The applicant shall report to the concerned
Police Station on any day of the first week once in
a month.
6. Rule is made absolute. A copy of the order be sent to
the concerned Sessions Court as well as to the concerned Police
Station forthwith.
(A.J.DESAI, J)
(A. S. SUPEHIA, J)
SAVARIYA
