Gujarat High Court
Mahendrasinh @ Muno Jitubha Gohil vs State Of Gujarat on 28 October, 2021
Bench: A.J.Desai, Sandeep N. Bhatt
R/CR.A/502/2021 IA ORDER DATED: 28/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)
NO. 1 of 2021
In R/CRIMINAL APPEAL NO. 502 of 2021
==========================================================
MAHENDRASINH @ MUNO JITUBHA GOHIL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MALAYKUMAR S PATEL 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 : 28/10/2021
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 of 10 years pending Criminal Appeal No.502 of 2021 arising
out of the judgment and order dated 29.01.2021 passed by learned
Sessions Judge, Bhavnagar in Sessions Case No.142 of 2015 in
connection with the offences punishable under Sections 489(B), 34
and 114 of the IPC.
2. Mr. Patel, learned advocate for the applicant - appellant,
has produced the paper-book containing the evidence led by the
prosecution. He would submit that learned trial Court has committed
grave error in convicting the applicant - appellant in absence of any
direct or indirect evidence against the applicant - appellant. He
would submit that neither any fake currency notes nor any type of
R/CR.A/502/2021 IA ORDER DATED: 28/10/2021
material was discovered at the instance of the applicant - appellant.
He would submit that the applicant - appellant was on bail during
pendency of the trial and has not committed any offence during bail
period. He, therefore, would submit that the applicant - appellant
may be released on bail.
3. On the other hand, Mr. J.K.Shah, learned Additional
Public Prosecutor, has opposed this application. He would submit
that since the applicant - appellant has been convicted for 10 years
in connection with the offences referred herein above, which are
serious in nature and therefore, present application may be rejected.
4. Heard learned Advocate Mr. Hemal Shah for the
applicant - appellant and Mr. J.K.Shah, learned Additional Public
Prosecutor for the State. It appears that out of seven accused, five
were apprehended on the spot, wherein on the statement of co-
accused, the applicant came to be arrested. However, there is no
material against him.
5. Having regard to the facts and circumstances of the case
and to the submissions made by the learned advocates for the parties
and without discussing the case in detail, we are of the opinion that
the present application deserves to be granted. Further, conviction of
two co-accused has been suspended by this Court vide orders dated
30.09.2021 recorded on Criminal Misc. Application No.1 of 2021 in
Criminal Appeal No.350 of 2021 and Criminal Misc. Application No.1
of 2021 in Criminal Appeal No.546 of 2021. Accordingly, the present
application is allowed.
6. In view of the above, it is directed that the execution of
the sentence imposed by the learned Sessions Court in Sessions Case
R/CR.A/502/2021 IA ORDER DATED: 28/10/2021
No.142 of 2015 shall remain suspended pending the appeal qua the
present applicant - appellant namely Mahendrasinh @ Muno Jitubha
Gohil 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.
7. 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
