Vijaybhai Keshubhai Rathod vs State Of Gujarat
2021 Latest Caselaw 4935 Guj

              R/CR.A/295/2021                                       IA ORDER



               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

   CRIMINALMISC.APPLICATION(FORSUSPENSIONOF SENTENCE) NO. 1 of 2021
                                 In
                   R/CRIMINALAPPEALNO. 295 of 2021
==============================================================================

VIJAYBHAIKESHUBHAIRATHOD Versus STATEOF GUJARAT ============================================================================== Appearance:

for the PETITIONER(s)No.

MRGAURANGK CHAUHANfor the PETITIONER(s)No. MS CMSHAH,ADDITIONALPUBLICPROSECUTORfor the RESPONDENT(s)No. ==============================================================================

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, Bhavnagar in Special POCSO Case No.43/2017 vide order dated 29.01.2021, whereby the applicant was convicted under Section 12 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for a period of 3 years and pay a fine of Rs.10,000/­ and in default of payment of fine, to undergo simple imprisonment of three months.

R/CR.A/295/2021 IA ORDER

2.Heard learned Advocates for the parties.

3.Having regard to the facts and circumstances of the case, the nature of incident 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, Bhavnagar in Special POCSO Case No.43/2017 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;

(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;

                   R/CR.A/295/2021                                     IA ORDER



           (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 Shihor Police Station.

(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 Shihor 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 suspension of sentence, and shall have no bearing on the final outcome of the Appeal.

5.Rule is made absolute accordingly.

Direct Service as well as service through Electronic Mode, is permitted.

Sd/-

(BELA M. TRIVEDI,J) Caroline