Gujarat High Court
Dinubhai Bogabhai Solanki vs State Of Gujarat on 22 September, 2021
Bench: Paresh Upadhyay, Ashokkumar C. Joshi
R/CR.A/2163/2019 ORDER DATED: 22/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 2163 of 2019
With
CRIMINAL MISC.APPLICATION
(FOR SUSPENSION OF SENTENCE OF CONVICTION)
NO. 2 of 2021
In
R/CRIMINAL APPEAL NO. 2163 of 2019
With
R/CRIMINAL APPEAL NO. 2198 of 2019
With
R/CRIMINAL APPEAL NO. 2194 of 2019
With
R/CRIMINAL APPEAL NO. 2177 of 2019
With
R/CRIMINAL APPEAL NO. 2179 of 2019
With
R/CRIMINAL APPEAL NO. 2241 of 2019
With
R/CRIMINAL APPEAL NO. 2196 of 2019
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DINUBHAI BOGABHAI SOLANKI & OTHERS
Versus
STATE OF GUJARAT & OTHERS
==========================================================
Appearance:
MR N. D. NANAVATI, SENIOR ADVOCATE with
MR PRATIK B BAROT, MR YASH N NANAVATY, MR VIRAT POPAT &
MR RAHUL DHOLAKIYA, ADVOCATES for the Appellants
MR R C KODEKAR, CBI RETAINER COUNSEL &
MR MUKESH G KAPADIYA, SPECIAL PUBLIC PROSECUTOR
for the Respondent No. 2 - CBI
MR BB NAIK, SENIOR ADVOCATE with
MR EKANT G AHUJA, ADVOCATE for the Respondent No. 3 - 'VICTIM'
MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR
for the Respondent No. 1 - STATE OF GUJARAT
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R/CR.A/2163/2019 ORDER DATED: 22/09/2021
CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
and
HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 22/09/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE PARESH UPADHYAY)
1. Challenge in all these appeals is made to the common
judgment and order dated 11.07.2019 recorded by the Special
Judge (CBI), Ahmedabad in Special CBI Sessions Case Nos. 1 to
3 of 2014.
2. All these appeals, along with applications therein, are
listed before this Bench, pursuant to the order of Hon'ble the
Acting Chief Justice (on the Administrative Side of this Court).
3. Attention of the Court is invited to the orders dated
23.08.2021 and 26.08.2021 passed on this group of appeals.
4. As per the order dated 26.08.2021, the application for
suspension of sentence - being Criminal Misc. Application No.2
of 2021 in Criminal Appeal No.2163 of 2019 was listed for
hearing on 15.09.2021, before the Bench as per Roster.
However in view of the order dated 15.09.2021, the matters
are now listed before this Bench, as noted above, pursuant to
the order of Hon'ble the Acting Chief Justice (on the
Administrative Side of this Court).
5. Keeping in view the earlier orders dated 23.08.2021 and
26.08.2021 and the order of Hon'ble the Acting Chief Justice
(on the Administrative Side of this Court), today, the hearing is
R/CR.A/2163/2019 ORDER DATED: 22/09/2021
restricted to consideration of application for suspension of
sentence - being Criminal Misc. Application No.2 of 2021 in
Criminal Appeal No.2163 of 2019 only.
6. Heard :-
Mr. N.D. Nanavati, learned Senior advocate with Mr.Yash
Nanavati, Mr.Virat Popat and Mr.Rahul Dholakiya, learned
advocates for the applicant (convict),
Mr.Kodekar and Mr.M.G.Kapadiya, learned Special Public
Prosecutor(s) for CBI, and
Mr.B.B. Naik, learned senior advocate with Mr.Ekant G.
Ahuja learned advocate for the 'victim' - father of the
deceased.
7. All the learned advocates have addressed the Court at
length, almost for the whole day.
8. It is noted that, all the learned advocates have
extensively taken this Court through the relevant material,
pleadings on the application for suspension of sentence,
affidavit in reply by the CBI and affidavits on behalf of the
'victim'.
9. Arguments are concluded.
10. Judgment / Order is reserved.
(PARESH UPADHYAY, J)
(A. C. JOSHI,J)
MOBHATI/PS/02
