Kishanbhai @ Ronak Dineshbhai ... vs State Of Gujarat
2021 Latest Caselaw 14841 Guj

     R/CR.A/674/2021                                    IA ORDER DATED: 22/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           1 of 2021
             In R/CRIMINAL APPEAL NO. 674 of 2021

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KISHANBHAI @ RONAK DINESHBHAI BHABHOR Versus STATE OF GUJARAT ========================================================== Appearance:

for the PETITIONER(s) No. HCLS COMMITTEE for the PETITIONER(s) No. MR PV PATADIYA for the PETITIONER(s) No. MR DHARMESH DEVNANI, APP for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE NIRZAR S. DESAI

Date : 22/09/2021

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 pending Criminal Appeal No.674 of 2021 arising out of the judgment and order dated 03.03.2020 passed by the learned Special Judge & Addit8ional Sessions Judge, Dahod in Sessions Case No. 86 of 2018.

2. Heard learned Advocate Mr.P.V.Patadiya for the applicant - appellant and the learned Additional Public Prosecutor for the State.

R/CR.A/674/2021 IA ORDER DATED: 22/09/2021

3. Considering the dying declaration and the fact that the applicant himself had received burn injuries in the alleged incident and considering the judgments of the Hon'ble Apex Court in the case of Ramji Prasad vs. Rattan Kumar Jaiswal & Anr. Reported in (2002)9 SCC 366 and in the case of Gomti vs. Thakurdas 7 Ors. Reported in (2007)11 SCC 160, we do not find it appropriate to suspend the sentence of the applicant during the pendency of appeal. Accordingly, this application is rejected. Rule discharged.

(A.J.DESAI, J)

(NIRZAR S. DESAI,J) P. SUBRAHMANYAM