Vanabhai Rudabhai Rajput vs State Of Gujarat
2021 Latest Caselaw 15042 Guj

    R/CR.A/1359/2021                             ORDER DATED: 24/09/2021




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL APPEAL NO. 1359 of 2021
                           With
  CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
                SENTENCE) NO. 1 of 2021
                            In
          R/CRIMINAL APPEAL NO. 1359 of 2021
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                VANABHAI RUDABHAI RAJPUT
                          Versus
                    STATE OF GUJARAT
======================================
Appearance:
MR MONIL R SHAH(10704) for the Appellant(s) No. 1
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                         Date : 24/09/2021

                            ORAL ORDER

ORDER IN CRIMINAL APPEAL No.1359 of 2021

ADMIT. Ms. Jirga Jhaveri, 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

RULE. Ms. Jirga Jhaveri, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.1 - State.

Considering the sentence imposed upon the

R/CR.A/1359/2021 ORDER DATED: 24/09/2021

applicant being three years for an offence punishable under Section 354 A of the Indian Penal Code as also even the convicting Court is empowered to release the applicant on bail on only his declaration of intention to prefer Appeal against the said judgment of conviction and order of sentence, I see no reason to refuse the suspension of sentence. Hence, the sentence imposed upon the applicant is hereby suspended and he is ordered to be released on same bail fresh bond.

With this, the present application is allowed. Rule is made absolute accordingly.

Direct service is permitted.

(UMESH A. TRIVEDI, J.)

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