Gujarat High Court
Rasulbhai Kaljibhai Mahida vs State Of Gujarat on 29 September, 2021
Bench: A.J.Desai, Nirzar S. Desai
R/CR.A/2358/2019 IA ORDER DATED: 29/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION NO. 1 of 2021
(FOR SUSPENSION OF SENTENCE)
In
R/CRIMINAL APPEAL NO. 2358 of 2019
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RASULBHAI KALJIBHAI MAHIDA
Versus
STATE OF GUJARAT
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Appearance:
URJA B DAVE for the PETITIONER(s) No.
MR JK SHAH APP for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 29/09/2021
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.2358 of 2019 arising out of the judgment and order
dated 17.10.2019 passed by the learned Additional
District and Sessions Judge, Mahisagar at Lunawada in
Sessions Case No. 32 of 2019. By the said judgment, the
applicant came to be convicted for offence under section
307 read with Section 120B of the Indian Penal Code and
sentenced to undergo life imprisonment with fine of
Rs.5,000/- and in default of making payment of fine
ordered he has been ordered to undergo further six
R/CR.A/2358/2019 IA ORDER DATED: 29/09/2021
months simple imprisonment. Likewise, the applicant has
been convicted for offences under Sections 395 and 397
of the Indian Penal Code and ordered to undergo life
imprisonment with fine of Rs.5,000/- and in default to
undergo further six months simple imprisonment. As
such, the learned Sessions Judge, Mahisagar at Lunawada
imposed punishment separately for offences under
Sections 395 and 397 of the Indian Penal Code, however,
ordered to undergo all sentences concurrently.
2. Heard learned advocate Mr. Aditya Choksi for
Ms.Urja Dave, learned advocate for the applicant -
appellant and the learned Additional Public Prosecutor
for the State.
3. Mr.Choksi, learned advocate for the applicant would
submit that the applicant has been arrested after five
years of the occurrence of the incident. He would further
submit that the role of the present applicant - appellant is
not that much serious in comparison with the serious role
played by the other accused who have been released on
bail. He has relied upon some earlier orders passed by
this Court in support of his submission that other accused
have already been released on bail i.e. orders dated
09.03.2021 passed in Criminal Miscellaneous Application
No.6 of 2020 in Criminal Appeal No.2388 of 2019, dated
23.03.2021 passed in Criminal Miscellaneous Application
No.2 of 2021 in Criminal Appeal No.142 of 2020, dated
R/CR.A/2358/2019 IA ORDER DATED: 29/09/2021
30.03.2021 passed in Criminal Miscellaneous Application
No.2 of 2021 in Criminal Appeal No.1990 of 2019, dated
31.03.2021 passed in Criminal Miscellaneous Application
No.1 of 2021 in Criminal Appeal No.455 of 2020 and the
order dated 21.09.2021 passed in Criminal Miscellaneous
Application No.3 of 2021 in Criminal Appeal No.478 of
2020. He, therefore, requests for grant of the present
application.
4. Learned Additional Public Prosecutor for the State
would submit that the present applicant - appellant
remained absconded for five years and after five years, he
has been arrested. However, he could not controvert the
submission made by the advocate for the applicant that
role of the applicant is not that much serious in
comparison to other accused who have been released on
bail.
5. Having regard to the facts and circumstances of the
case and to the submissions made by the learned
advocates for the parties, having gone through the earlier
orders passed by this Court whereby sentence of some of
the accused have been suspended and having gone
through the role played by the present applicant, we are
of the opinion that the present application deserves to be
granted. Accordingly, the present application is allowed.
6. In view of the above, it is directed that the execution
R/CR.A/2358/2019 IA ORDER DATED: 29/09/2021
of the sentence imposed by the learned Sessions Court in
Sessions Case No.32 of 2019 shall remain suspended
pending the appeal qua the present applicant - appellant
viz. RASULBHAI KALJIBHAI MAHIDA and that he shall be
released on bail pending the appeal subject to the
following conditions :-
(i) The applicant shall furnish the bond of Rs.10,000/-
and surety of the like amount and also furnish his full
and correct present and permanent address, if any,
along with the contact numbers.
(ii) The applicant shall deposit his passport, if any, before
the concerned Sessions Court.
(iii) The applicant shall report to the concerned Police
Station on any day of the first week once in a month.
7. Rule is made absolute. A copy of the order be
sent to the concerned Sessions Court as well as to the
concerned Police Station.
(A.J.DESAI, J)
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
