Jagdish @ Jago Jasabhai Bharwad vs State Of Gujarat
2021 Latest Caselaw 16715 Guj

     R/CR.A/1536/2021                         IA ORDER DATED: 25/10/2021




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
                SENTENCE) NO. 1 of 2021
                            In
           R/CRIMINAL APPEAL NO. 1536 of 2021
================================================

JAGDISH @ JAGO JASABHAI BHARWAD Versus STATE OF GUJARAT ================================================ Appearance:

MR P B KHANDHERIA for the PETITIONER(s) No. MS C. M. SHAH, APP for the RESPONDENT(s) No. ================================================

CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

Date : 25/10/2021 IA ORDER

1. Heard Mr. P B. Khandheria, learned Advocate for the applicants as also Ms. C. M. Shah, learned APP for the Respondent-State.

2. Considering the fact that though offence charged against the applicants are offence under section 307 of the Indian Penal Code, they have come to be acquitted for the same. However, the applicants are convicted for the offence under section 325 of the Indian Penal Code and ordered to undergo three years rigorous imprisonment with fine and default sentence.

3. Mr. P. B. Khandheria, learned advocate for the applicants submitted that fine is already deposited before the Competent

R/CR.A/1536/2021 IA ORDER DATED: 25/10/2021

Court. The date on which the applicants came to be convicted vide order dated 28.09.2021, the applicants prayed for suspension of sentence and consequent release as they intended to prefer an appeal against the very judgment of conviction and order of sentence. The learned Judge granted the same and suspended the sentence for 30 days from there.

4. Considering the intention of the Legislature empowering the Court to suspend sentence and release the convict on bail only on the ground that he intends to prefer an appeal against the judgment of conviction and order of sentence. I see no reason to deny suspension of sentence awarded to the applicants and consequent bail.

5. Hence, the applicants are ordered to be released on bail on the same terms and conditions that may be imposed by the Trial Court. Bail bond shall be executed before the Trial Court. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(UMESH A. TRIVEDI, J) MEHUL B. TUVAR