Manji Gugabhai @ Narshi Pirana ... vs State Of Gujarat
2021 Latest Caselaw 14140 Guj

    R/CR.A/1296/2021                         ORDER DATED: 15/09/2021




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL APPEAL NO. 1296 of 2021
                            With
   CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
                SENTENCE) NO. 1 of 2021
                             In
           R/CRIMINAL APPEAL NO. 1296 of 2021
======================================
          MANJI GUGABHAI @ NARSHI PIRANA (KOLI)
                           Versus
                     STATE OF GUJARAT
======================================
Appearance:
MR CHINTAN S POPAT(5004) for the Appellant(s) No. 1
for the Opponent(s)/Respondent(s) No. 2
MS CM SHAH, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Opponent(s)/Respondent(s) No. 1
======================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                        Date : 15/09/2021

                           ORAL ORDER

ORDER IN CRIMINAL APPEAL No.1296 of 2021

ADMIT. Ms. C.M. Shah, learned Additional Public Prosecutor, waives service of notice of admission on behalf of respondent no.1 - State.

ORDER IN CRIMINAL MISC. APPLICATION No.1 of 2021

Heard Mr. Chintan Popat, learned advocate for the applicant. He has submitted that considering the sentence imposed for an offence under Section 3(1)(x) of the Scheduled

R/CR.A/1296/2021 ORDER DATED: 15/09/2021

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being six months and imprisonment for a period of one month for an offence under Section 323 of the Indian Penal Code with fine stipulations, which is already paid by him, sentence imposed upon the applicant be suspended and he be released on bail. He has further submitted that during trial, the applicant was on bail, however, at the time of pronouncement of judgment, on three occasions, he remained absent before the Court and pursuant to non-bailable warrant issued, he is in custody after the judgment of conviction and order of sentence was pronounced.

Considering the length of sentence imposed, age of the applicant as also arrears before this Court, the Criminal Appeal is not likely to be heard in near future even before his sentence is over, if not released on bail, and therefore, I am inclined to suspend the sentence imposed upon the applicant and consequently release the applicant on bail

Hence, the sentence imposed upon the applicant is hereby suspended and he is ordered to be released on bail on the terms and conditions that may be imposed by the trial Court.

With this, the present application is disposed of as allowed.

Direct service is permitted.

(UMESH A. TRIVEDI, J.)

siji