Jaykumar @ Bunty Punambhai ... vs State Of Gujarat
2021 Latest Caselaw 15868 Guj

     R/CR.A/287/2021                          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.287 of 2021
=========================================

JAYKUMAR @ BUNTY PUNAMBHAI DHARAMDAS PATEL Versus STATE OF GUJARAT ========================================= Appearance :

MR HARDIK H DAVE for the PETITIONER.

MR J.K. SHAH, APP for the RESPONDENT.

========================================= 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. By way of the present application preferred by the applicant under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the applicant - accused has prayed to suspend his sentence imposed vide judgment and order dated 1.10.2020 passed by learned 6th Additional Sessions Judge, Panchmahals at Halol in Sessions Case No.25 of 2018 by which the applicant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and ordered to undergo rigorous imprisonment for life and fine of Rs.2,000/- and in default thereof, further simple imprisonment for three months.

2. We have heard learned advocates appearing for the respective parties and perused the Records and Proceedings received from the learned Trial Court. We have also considered the deposition of the complainant - Vijaysinh Ganpatsinh Rathod - P.W. 1 Exh.14 - father of the deceased as well as deposition of Prabhatsinh Chhatrasinh Rathod P.W. 10 Exh.62 before whom so-

R/CR.A/287/2021 IA ORDER DATED: 07/10/2021

called extra judicial confession was made by co-accused, namely, Vijaysinh Pravinsinh Rathod about his own involvement in the crime in question and there is no reference of the applicant in the said confession. We have also considered the fact that the applicant was on bail during the trial. However, without going into detail at this stage, we are of the opinion that the present application requires consideration and hence, the same is allowed.

3. In view of the above, it is directed that the execution of the sentence imposed vide judgment and order dated 1.10.2020 passed by learned 6th Additional Sessions Judge, Panchmahals at Halol in Sessions Case No.25 of 2018 shall remain suspended pending the appeal qua the present applicant - appellant - Jaykumar @ Bunty Punambhai Dharamdas Patel 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.

4. 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)

SAVARIYA