Vinodbhai @ Vinubhai Maganbhai ... vs State Of Gujarat
2021 Latest Caselaw 15676 Guj

    R/CR.A/1423/2021                                ORDER DATED: 05/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 1423 of 2021

                               With
          R/CRIMINAL REVISION APPLICATION NO. 364 of 2021
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              VINODBHAI @ VINUBHAI MAGANBHAI PARMAR
                               Versus
                         STATE OF GUJARAT
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Appearance:
SIDDHANT R SHAH(8722) for the Appellant(s) No. 1
for the Opponent(s)/Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                Date : 05/10/2021

                                 ORAL ORDER

This appeal challenging the judgment of conviction and order of sentence where the appellant is granted benefit of probation where he is convicted for the Indian Penal Code as also offences under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), with a clear bar under 'the Act' itself as provided under Section 19 that the provison of Section 360 of the Code of Criminal Procedure, 1973 and the Probation of Offenders Act shall not apply to any person above the age of 18 years who is found guilty of having committed offence under 'the Act.' Therefore, before hearing this appeal, even for an admission, Criminal Revision Application No.364 of 2021, which is filed by the first informant-victim challenging the impugned judgment so far as grant of probation is concerned,in view of aforesaid clear bar, this appeal shall not be heard till the Revision Application is heard and disposed off.

R/CR.A/1423/2021 ORDER DATED: 05/10/2021

At this stage, Mr.Y.N.Ravani, learned advocate for Mr.Siddhant Shah, learned advocate for the appellant submits that the appellant intends to challenge constitutional validity of Section 19 of 'the Act'. Even if he wants to challenge that will not preclude the Court from hearing Revision Application first before hearing the present appeal. Revision Application is also notified today on Board for final hearing.

Hence, Registry is directed to notify Criminal Revision Application No.364 of 2021 along with present appeal on 20 th October, 2021.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA