Gujarat High Court
Gandubhai Bhurabhai Vakatar vs State Of Gujarat on 30 September, 2021
Bench: A.J.Desai, Nirzar S. Desai
R/CR.A/1330/2020 IA ORDER DATED: 30/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC. APPLICATION (FOR SUSPENSION OF
SENTENCE) NO.4 of 2021
In
R/CRIMINAL APPEAL NO.1330 of 2020
=========================================
HANSA @ HINA D/O GANDUBHAI VAKATAR
Versus
STATE OF GUJARAT
=========================================
Appearance :
MR N.D. NANAVATY, SENIOR COUNSEL WITH MR ASHISH M DAGLI for the
APPLICANTS.
MR DHARMESH DEVNANI, APP for the RESPONDENT.
=========================================
CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 30/09/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. By way of the present application, the applicants -
original lady accused Nos.4 to 6 have prayed to suspend their
sentence pending appeal which was imposed upon them vide
judgment and order of conviction dated 4.11.2020 passed by
learned 12th Additional Sessions Judge, Rajkot in Sessions Case
No.39 of 2010 with Sessions Case No.94 of 2011 by which the
applicants came to be mainly convicted for the offences punishable
under Section 302 of the Indian Penal Code and ordered to
undergo life imprisonment.
2. We have heard Mr. N.D. Nanavaty, learned Senior
Counsel assisted by Mr. Ashish M. Dagli appearing for the
applicants and Mr. Dharmesh Devnani, learned APP for the
respondent - State.
R/CR.A/1330/2020 IA ORDER DATED: 30/09/2021
3. Learned advocate appearing for the applicants does not
press the present application qua applicant Nos.2 and 3, namely,
Hansa @ Hina D/o. Gandubhai Vakatar and Lata @ Tini D/o.
Gandubhai Vakatar. Hence, the present application stands
dismissed as not pressed qua applicant Nos.2 and 3. Rule is
discharged qua applicant Nos.2 and 3. However, considering the
fact that the applicants - accused are behind bar since 29.11.2009
i.e. more than 12 years, liberty is granted to applicant No.2 - Hansa
@ Hina D/o. Gandubhai Vakatar to file fresh application on the
ground of her illness after a period of six months, if her appeal is
not heard.
4. As far as case of applicant No.1 - Vajiben W/o.
Gandubhai Vakatar is concerned, without examining the case on
merits at this stage, we are considering her case only on the
ground that she is aged 60 years and behind bar from the last 12
years. Accordingly, the present application is allowed qua applicant
No.1.
4. In view of the above, it is directed that the execution of
the sentence dated 4.11.2020 passed by learned 12th Additional
District Judge, Rajkot in Sessions Case No.39 of 2010 with Sessions
Case No.94 of 2011 shall remain suspended pending the appeal
qua the present applicant No.1 (original appellant No.4) -
Vajiben W/o. Gandubhai Vakatar and that she 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 her full and correct present and permanent address
along with the contact number, if any,
R/CR.A/1330/2020 IA ORDER DATED: 30/09/2021
(ii) The applicant shall deposit her passport, if any, before the
concerned Sessions Court.
(iii) The applicant shall report to the concerned Police Station as
and when the concerned Police Station require her presence.
5. Rule is made absolute qua applicant No.1. A copy of the
order be sent to the concerned Sessions Court as well as to the
concerned Police Station.
6. Registry is hereby directed to call for the Records and
Proceedings along with paper-book from the learned Trial Court
forthwith. Appeal is expedited and shall be listed as soon as the R
& P and paper-book is received from the learned Trial Court
considering the fact that applicants - accused are behind bar since
more than 12 years.
(A. J. DESAI, J)
(NIRZAR S. DESAI,J)
SAVARIYA
