Sagarbhai Jentibhai Vegad vs State Of Gujarat
2021 Latest Caselaw 15326 Guj

     R/CR.A/1270/2021                            IA ORDER DATED: 29/09/2021




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   CRIMINAL MISC. APPLICATION (FOR SUSPENSION OF
                SENTENCE) NO.1 of 2021
         In R/CRIMINAL APPEAL NO.1270 of 2021
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SAGARBHAI JENTIBHAI VEGAD Versus STATE OF GUJARAT ========================================= Appearance :

HCLS COMMITTEE for the PETITIONER.

MR PV PATADIYA for the PETITIONER.

MR J.K. SHAH, APP for the RESPONDENT.

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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. By way of the present application under Section 389 of the Code of Criminal Procedure, 1973, the applicant - original accused No.1 has prayed to suspend his sentence imposed upon him vide judgment and order dated 16.2.2021 passed by learned Sessions Judge, Bhavnagar in Sessions Case No.54 of 2019 by which the applicant came to be convicted for the offence punishable under Section 302 read with 114 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs.5,000/- and in default thereof, further simple imprisonment for one month.

2. We have heard learned advocates appearing for the respective parties and perused the paper-book supplied by learned advocate appearing for the applicant. We have also examined depositions of the witnesses who have allegedly seen the deceased along with the present applicant fighting in street. However, the dead body was found at a distance of about 5 Kms. on the next day.

R/CR.A/1270/2021 IA ORDER DATED: 29/09/2021

Prima facie, in our opinion, there are no other circumstances which the prosecution has successfully established about the involvement of the applicant. However, without going into the details at this stage, we are of the opinion that the present application requires consideration and hence, the same is allowed.

3. In view of the above, it is directed that the execution of the sentence imposed vide judgment and order dated 16.2.2021 passed by learned Sessions Judge, Bhavnagar in Sessions Case No.54 of 2019 shall remain suspended pending the appeal qua the present applicant - appellant Sagarbhai Jentibhai Vegad 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/- (Rupees Ten Thousand only) and surety of the like amount and also furnish his full and correct present and permanent address along with the contact number, if any.

(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.

4. 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) SAVARIYA