Vishram Kalyan Mindhani (Gadhvi) vs State Of Gujarat
2021 Latest Caselaw 13723 Guj

     R/CR.RA/542/2021                            ORDER DATED: 09/09/2021




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL REVISION APPLICATION NO. 542 of 2021

                             With
     CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
                  SENTENCE) NO. 1 of 2021
                               In
      R/CRIMINAL REVISION APPLICATION NO. 542 of 2021
====================================================
            VISHRAM KALYAN MINDHANI (GADHVI)
                            Versus
                    STATE OF GUJARAT
====================================================
Appearance:
DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP (2) for the Respondent(s) No. 1
====================================================

CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                            Date : 09/09/2021

                             ORAL ORDER

ORDER IN CRIMINAL REVISION APPLICATION NO.542 OF 2021.

1. Heard Mr. Darshan Varandani, learned advocate for the

petitioner. This Revision Application is filed against the judgment of

conviction and order of sentence passed by the learned Additional Chief

Judicial Magistrate, Mundra - Kutchchh, dated 14.02.2019, in Criminal

Case No.813 of 2015, whereby the present petitioner came to be

convicted for an offence under Section 332 of the Indian Penal Code and

ordered him to undergo 6 months simple imprisonment and he is imposed

R/CR.RA/542/2021 ORDER DATED: 09/09/2021

a fine of Rs.1,000/- and in default of payment of fine, 7 days simple

imprisonment was ordered.

2. The said order was carried in appeal being Criminal Appeal

No.19 of 2019 by the petitioner which also came to be dismissed vide

order dated 19.07.2021 by the learned 3rd Additional Sessions Judge,

Bhuj - Kutchchh, confirming the judgment of conviction and order of

sentence. Since the date of dismissal of appeal, the petitioner - accused is

in judicial custody. Mr. Darshan Varandani, learned advocate for the

petitioner, submitted that out of 6 months simple imprisonment, he has

undergone by now, in all, 1 month and 21 days in judicial custody. He

has further submitted that the petitioner has paid the fine amount also.

3. Considering the age of the petitioner - accused as also the

dispute which led to the present offence being committed, I deem it fit to

admit the present revision application.

4. Hence, RULE. Learned APP Ms. Jirga Jhaveri, waives

service of notice of rule for and on behalf of the respondent - State.

ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2021 In

R/CRIMINAL REVISION APPLICATION NO. 542 of 2021.

RULE. Learned APP Ms. Jirga Jhaveri, waives service of notice of

rule for and on behalf of the respondent - State.

R/CR.RA/542/2021 ORDER DATED: 09/09/2021

Considering the length of sentence imposed upon the applicant -

accused and the period which is already undergone by him by now, when

revision application is admitted by this Court, I deem it fit to release the

applicant on bail pending the final hearing of this revision application on

the terms and conditions that may be imposed by the Trial Court. Bail

bond shall be executed before learned Trial Court. Rule is made absolute

to the above extent. Accordingly, the application stands disposed of.

Direct service is permitted.

(UMESH A. TRIVEDI, J) Lalji Desai