Maganbhai Ratanbhai Rathwa vs State Of Gujarat
2021 Latest Caselaw 15865 Guj

     R/CR.A/642/2021                                           IA ORDER DATED: 07/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2021
             In R/CRIMINAL APPEAL NO. 642 of 2021
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MAGANBHAI RATANBHAI RATHWA Versus STATE OF GUJARAT ========================================================== Appearance:

MR YM THAKKAR for the PETITIONER(s) No. MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE NIRZAR S. DESAI

Date : 07/10/2021

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 applicants - appellants, seeking suspension of his sentence pending Criminal Appeal No. 642 of 2021 arising out of the judgment and order dated 02.03.2021 passed by the learned Sessions Judge, Chhotaudepur in Sessions Case No. 28 of 2018.

2 At the outset, Mr. Y.M.Thakkar, learned counsel for the applicants does not press this application qua applicant Nos.2 and 3 viz. Bhantabhai Maganbhai Rathwa and Karsanbhai Maganbhai Rathwa, respectively. Accordingly, this application stands disposed of qua applicant Nos.2 and 3.

R/CR.A/642/2021 IA ORDER DATED: 07/10/2021

3 Heard learned Advocate Mr. Y.M.Thakkar for the applicant No.1 - Maganbhai Ratanbhai Rathwa and Mr. J.K.Shah, learned Additional Public Prosecutor for the State.

4 Having regard to the submissions made by the learned Advocates for the parties and considering the nature of allegations levelled against the applicant No.1 and the role attributed to him, who is father of applicant Nos.2 and 3, without discussing the evidence in detail, we are of the opinion that the present application deserves to be allowed qua applicant No.1 - Maganbhai Ratanbhai Rathwa. Accordingly, the present application is partly allowed.

5 In view of the above, it is directed that the execution of the sentence imposed by the learned Sessions Judge, Chhotaudepur in Sessions Case No. 28 of 2018 vide judgment and order dated 02.03.2021 shall remain suspended pending the appeal qua applicant No.1 - Maganbhai Ratanbhai Rathwa 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

R/CR.A/642/2021 IA ORDER DATED: 07/10/2021

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.

6 Rule is made absolute to the aforesaid extent only. A copy of the order be sent to the concerned Sessions Court as well as to the concerned Police Station. Direct service is permitted.

7 Registry is directed to send the Record and Proceedings to the concerned trial court for preparation of paper book.

(A.J.DESAI, J)

(NIRZAR S. DESAI,J) P. SUBRAHMANYAM