Gujarat High Court
Sunilbhai Shubhashbhai ... vs State Of Gujarat on 31 March, 2021
Bench: Bela M. Trivedi
R/CR.A/310/2021 IA ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
CRIMINALMISC.APPLICATION(FORSUSPENSIONOF SENTENCE) NO. 1 of 2021
In
R/CRIMINALAPPEALNO. 310 of 2021
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SUNILBHAISHUBHASHBHAICHOTUBHAIVASAVA
Versus
STATEOF GUJARAT
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Appearance:
ANURAGV AGRAWALfor the PETITIONER(s)No.
MRSHRIRAJD SHAHfor the PETITIONER(s)No.
MS CMSHAH,ADDITIONALPUBLICPROSECUTORfor the RESPONDENT(s)No.
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
Date: 31/03/2021
IA ORDER
1.The present application has been filed by the
applicantaccused under Section 389 of the
the Criminal Procedure Code, 1973 seeking
suspension of the execution of the
sentence imposed by the learned Special
Judge (POCSO) and 3rd Additional Sessions
Judge, Bharuch in Special POCSO Case
No.48/2017 vide order dated 29.01.2021,
whereby the applicant was convicted under
Sections 354(A) and 452 of the Indian Penal
Code and under Sections 7 and 8 of the POCSO
Act, 2012 and sentenced to undergo rigorous
imprisonment for a period of 1 year, 3
R/CR.A/310/2021 IA ORDER
years, 3 years and 3 years respectively for
the alleged offences Sections 354(A) and 452
of the Indian Penal Code and under Sections 7
and 8 of the POCSO Act, 2012.
2.Heard learned Advocates for the parties.
3.Having regard to the facts and circumstances
of the case and the punishment imposed, the
present application deserves to be allowed
and is allowed accordingly. The execution
of the order of sentence imposed vide the
judgment and order dated 29.01.2021 passed by
the learned Special Judge (POCSO) and 3rd
Additional Sessions Judge, Bharuch in Special
POCSO Case No.48/2017 qua the applicant is
hereby suspended till the final disposal of
the Appeal, subject to the condition that he
shall furnish a personal bond of Rs.25,000/
(Rupees Twenty Five Thousand Only) and
one solvent surety of the like amount
to the satisfaction of the concerned
Court within two weeks from today and subject
to the further following conditions :
(a) he shall not take undue
advantage of his liberty or abuse his
liberty;
(b) he shall maintain law and order;
R/CR.A/310/2021 IA ORDER
(c) he shall surrender his passport, if any,
to the lower Court, within a week and if he
does not possess any passport, then he shall
make a declaration to that effect before
the trial Court;
(d) he shall furnish an affidavit
furnishing his full, correct and permanent
address and the phone number. If during
the pendency of the criminal appeal
any change in his residential address,
permanent or temporary, takes place then the
applicant shall intimate the same to
the trial Court as well as to the Jhagadia
Police Station, Bharuch.
(e) he shall not leave the limits
of Gujarat State without prior permission
of this Court;
(f) he shall mark his presence in the first
week of every month before the Jhagadia
Police Station, Bharuch.
4.It is made clear that any observations made
while deciding this application are merely
prima facie observations made for the
purpose of suspension of sentence, and shall
have no bearing on the final outcome of the
Appeal.
R/CR.A/310/2021 IA ORDER
5.Rule is made absolute accordingly.
Direct Service as well as service
through Electronic Mode, is permitted.
Sd/-
(BELA M. TRIVEDI,J)
CAROLINE
