Gujarat High Court
Naran Punshibhai Gadhvi vs The State Of Gujarat on 6 October, 2021
Bench: A.J.Desai, Nirzar S. Desai
R/CR.A/625/2021 IA ORDER DATED: 06/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2021
In R/CRIMINAL APPEAL NO. 625 of 2021
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NARAN PUNSHIBHAI GADHVI
Versus
THE STATE OF GUJARAT
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Appearance:
for the PETITIONER(s) No.
MR VIRAT G POPAT for the PETITIONER(s) No.
MR JAYESH A DAVE for the RESPONDENT(s) No.
MR JK SHAH, APP for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/10/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1 The present application has been filed
under Section 389 of Code of Criminal Procedure,
1973, by the applicant - appellant, seeking
suspension of his sentence pending Criminal Appeal
No. 625 of 2021 arising out of the judgment and order
dated 31.03.2021 passed by the 3rd Additional
Sessions Judge, Bhuj-Kachchh in Sessions Case No. 26
of 2021.
2 Heard learned Advocate Mr.Virat Popat for
the applicant - appellant and Mr. J.K.Shah, learned
Additional Public Prosecutor for the State. Mr.
R/CR.A/625/2021 IA ORDER DATED: 06/10/2021
Jayesh Dave, learned advocate appeared for the
original complainant and assisted the Court through
the learned APP.
3 Learned advocate for the applicant has
produced the paper book and copy of the same was
supplied to learned APP and Mr. Jayesh Dave, learned
advocate for the original complainant.
4 We have considered the following aspects
while dealing with the present application.
[a] That the case is based on circumstantial
evidence.
[b] Missing entry was lodged with the concerned
police station on 12.02.2018 by the father of
the deceased.
[c] One of the convict viz. Khemabhai came to
be arrested in another offence under the
provisions of the Prohibition Act where he
disclosed on 19.02.2018 that he along with other
two accused, including the present applicant had
committed murder of the deceased since they had
doubt about love affair between Nageshri, wife
of Rampabu and deceased, and therefore, had
committed the offence.
R/CR.A/625/2021 IA ORDER DATED: 06/10/2021
[d] FIR was lodged by father of the deceased on
24.02.2018.
[e] There is no discovery or recovery of any
weapon from the present applicant.
[f] There are no call details on the mobile of
the deceased. On the contrary mobile location of
the applicant is somewhere else between
12.02.2018 to 16.02.2018.
[g] The applicant is on bail during the
pendency of the trial and has not committed any
breach of the conditions imposed by the trial
court while enlarging on bail.
5 Taking into consideration of the above
aspects and having regard to the submissions made by
the learned Advocates for the parties, without
discussing the evidence in detail, we are of the
opinion that the present application deserves to be
granted. Accordingly, the present application is
allowed.
6 In view of the above, it is directed that
the execution of the sentence imposed by the learned
3rd Additional Sessions Judge, Bhuj-Kachchh in
R/CR.A/625/2021 IA ORDER DATED: 06/10/2021
Sessions Case No. 26 of 2021 vide judgment dated
31.03.2021 shall remain suspended pending the appeal
qua the present applicant - appellant - Naran Punshi
Gadhavi and that he shall be released on bail pending
the appeal subject to the following conditions :-
[i] The applicant shall furnish the bond of
Rs.10,000/- (Rupees Ten Thousand only) and
surety of the like amount and also furnish his
full and correct present and permanent address,
if any, along with the contact number.
[ii] The applicant shall deposit his passport,
if any, before the concerned Sessions Court.
[iii]The applicant shall report to the concerned
Police Station on any day of the first week once
in a month.
7 Rule is made absolute. A copy of the order
be sent to the concerned Sessions Court as well as to
the concerned Police Station.
(A.J.DESAI, J)
(NIRZAR S. DESAI,J)
P. SUBRAHMANYAM
