Mahavir @ Hukum Prakashbhai ... vs State Of Gujarat
2021 Latest Caselaw 13319 Guj

     R/CR.A/2434/2019                                IA ORDER DATED: 02/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                           CRIMINAL MISC.APPLICATION
                         (FOR SUSPENSION OF SENTENCE)
                                   NO. 3 of 2021
                                        In
                        R/CRIMINAL APPEAL NO. 2434 of 2019
==========================================================

MAHAVIR @ HUKUM PRAKASHBHAI HANSORA Versus STATE OF GUJARAT ========================================================== Appearance:

MR HEMANT MAKWANA, ADVOCATE for the APPLICANT. MR HARDIK SONI, APP for the Respondent State ==========================================================

CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY

Date : 02/09/2021

IA ORDER

1. This is an application for suspension of sentence pending appeal.

2. The applicant is convicted by the Sessions Judge, Gandhinagar vide judgment dated 16.11.2019 in Sessions Case No.38 of 2019. The conviction is principally under Section 397 of the Indian Penal Code read with Section 114 of the IPC and Section 135(1) of the Gujarat Police Act. Different sentences are awarded for different sections, however, the maximum sentence awarded is rigorous imprisonment for seven years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

3. The appeal is admitted by this Court.

4. Rule was issued earlier.

R/CR.A/2434/2019 IA ORDER DATED: 02/09/2021

5. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

6. It is indicated that the applicant at present is in jail and is serving the sentence.

7. Having heard learned advocates for the respective parties and having considered the material on record, including the period of sentence awarded vis-a-vis the period already spent in jail by this time, this Court finds that, ends of justice would meet if the sentence is suspended during pendency of the appeal. While recording this, this Court has inter alia taken into consideration the order passed in Criminal Misc. Application No.2 of 2021 in Criminal Appeal No.2363 of 2019. Further, because of pendency of old appeals, the chances of this appeal being heard in near future being less, is also a factor which has weighed with this Court.

8. In view of above, the following order is passed.

8.1      This application is allowed.

8.2      It is ordered that the sentence imposed on the applicant

by the Sessions Judge, Gandhinagar vide judgment dated 16.11.2019 in Sessions Case No.38 of 2019, shall remain suspended during pendency of the appeal.

8.3 The applicant is ordered to be released on bail on furnishing personal bond of Rs. 5,000/- (Rupees Five Thousand Only).

R/CR.A/2434/2019 IA ORDER DATED: 02/09/2021

8.4 Rule is made absolute in above terms.

9. Registry shall communicate this order to the concerned Authority / Court.

Direct service is permitted.

(PARESH UPADHYAY, J) MOBHATI/PS/40