Kanubhai Ambelal Patel vs State Of Gujarat
2021 Latest Caselaw 4799 Guj

        R/CR.RA/233/2021                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 233 of 2021
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                  KANUBHAI AMBELAL PATEL
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR ATRAYA K TRIVEDI(11333) 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 : 26/03/2021

                            ORAL ORDER

1. Learned advocate for the applicant states at bar that the applicant has surrendered to the jail authority.

2. Rule. Learned A.P.P. waives service of Rule for the respondent - State.

3. Heard submissions made at bar. This is a case where, the applicant is convicted by the learned trial Court for the offence punishable under Section 409 of IPC and sentenced S.I. for 5 years, and to pay fine of Rs.5,000/-, in default, further S.I. for six months, under section 420 of IPC and sentenced S.I. for 5 years, and to pay fine of Rs.5,000/-, in default, further S.I. for six months and under section 201 of IPC and sentenced S.I. for 5 years, and to pay fine of Rs.5,000/-, in default, further S.I. for one month. The applicant has filed Revision Application before this Court which is admitted. The applicant has also prayed for suspension of sentence.

R/CR.RA/233/2021 ORDER

4. Upon considering the submissions made at bar, it appears that the applicant is required to suffer the sentence imposed upon him concurrently. 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, and therefore, suitable condition pending hearing of present Criminal Revision Application requires to be imposed upon the applicant.

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 23.02.2020 passed by the learned Additional Sessions Judge, Navsari in Criminal Appeal No.30 of 2014 is hereby suspended and the applicant shall remain on bail pending hearing of the present 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.15,000/- to the satisfaction of the learned Sessions Court concerned and on further conditions to (i) pay the fine amount within 7 days from today, if not paid till date

Direct service is permitted.

(S.H.VORA, J) SATISH