Balvantbhai Kanjibhai Popat vs State Of Gujarat
2021 Latest Caselaw 16148 Guj

    R/CR.A/1482/2021                         ORDER DATED: 13/10/2021




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL APPEAL NO. 1482 of 2021
                             With
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
                          1 of 2021
                              In
           R/CRIMINAL APPEAL NO. 1482 of 2021
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               BALVANTBHAI KANJIBHAI POPAT
                            Versus
                     STATE OF GUJARAT
======================================
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, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Opponent(s)/Respondent(s) No. 1
======================================
 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                        Date : 13/10/2021

                          ORAL ORDER

ORDER IN CRIMINAL APPEAL NO. 1482 of 2021

Heard Ms. Noopur V. Parikh, learned advocate for the appellant as also Ms. C.M. Shah, learned Additional Public Prosecutor, for the respondent - State.

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

To be heard with Criminal Appeal No.1430 of 2021.

ORDER IN CRIMINAL MISC.APPLICATION NO. 1 of 2021

RULE. Ms. C.M. Shah, learned Additional Public Prosecutor, waives service of notice of rule on behalf of

R/CR.A/1482/2021 ORDER DATED: 13/10/2021

respondent - State.

Considering the fact that the applicant is convicted and sentenced for maximum 1 year for an offence under Section 12 of the 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.

With this, the present application is allowed. Rule is made absolute.

Direct service is permitted.

(UMESH A. TRIVEDI, J.)

siji