Kalpesh Thakorebhai Patel vs State Of Gujarat
2021 Latest Caselaw 15681 Guj

    R/CR.A/1430/2021                                ORDER DATED: 05/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 1430 of 2021

                             With
    CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
             In R/CRIMINAL APPEAL NO. 1430 of 2021
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                         KALPESH THAKOREBHAI PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
KSHITIJ M AMIN(7572) for the Appellant(s) No. 1
MS NOOPUR V PARIKH(11248) for the Appellant(s) No. 1
MS CM SHAH ADDL. 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

Order in Criminal Appeal

Admit.

Ms.C.M.Shah, learned Additional Public Prosecutor waives service of notice of admission on behalf of Respondent-State.

Order in Criminal Misc. Application

Rule. Ms. C.M.Shah, learned Additional Public Prosecutor waives service of rule on behalf of Respondent-State.

Considering the fact that the applicant is convicted and sentenced for maximum 2 years for an offence Under Section

R/CR.A/1430/2021 ORDER DATED: 05/10/2021

13(1)(d) of Prevention of Corruption Act, 1988 with fine stipulation and default sentence, keeping in mind the intention of legislature empowering the convicting Court to suspend the sentence and release the convict on bail only on his intention to prefer an appeal against the judgment of conviction and order of sentence, I see no reason to refuse the suspension of sentence and consequent release on bail. It is submitted that after the conviction, the learned Judge has suspended the sentence imposed upon him for a period of 30 days to prefer an appeal. Hence, the applicant is directed to be released on same bail fresh bonds. Rule made absolute. Direct service is permitted.

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