Kanubhai Maganbhai Parmar vs State Of Gujarat
2021 Latest Caselaw 16930 Guj

     R/CR.A/602/2019                             IA ORDER DATED: 27/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           4 of 2021
             In R/CRIMINAL APPEAL NO. 602 of 2019
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KANUBHAI MAGANBHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance:

MR KISHAN R CHAKWAWALA for the PETITIONER(s) No. MR JK SHAH, APP for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE SANDEEP N. BHATT

Date : 27/10/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. The present application has been filed under Section 389 of Cr. P.C., by the applicant - appellant, seeking suspension of his sentence pending Appeal, arising out of the judgment and order dated 21.01.2019 passed by the learned 5 th Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 138 of 2016.

2. Heard learned Advocate for the applicant - appellant and the learned Additional Public Prosecutor for the State.

3. Having regard to the facts and circumstances of the case and to the submissions made by the learned Advocates for the parties, we are of the opinion that the present application deserves to be granted. Accordingly, the present application is allowed.

R/CR.A/602/2019 IA ORDER DATED: 27/10/2021

4. In view of the above, it is directed that the execution of the sentence imposed by the learned Sessions Court in Sessions Case No.138 of 2016 shall remain suspended pending the appeal qua the present applicant - appellant - Kanubhai Maganbhai Parmar 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.

5. 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)

(SANDEEP N. BHATT,J) M.H. DAVE