Gujarat High Court
Maheshbhai Vanjibhai Meda vs State Of Gujarat on 30 August, 2022
Bench: Samir J. Dave
R/CR.MA/15809/2022 ORDER DATED: 30/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15809 of 2022
In R/CRIMINAL APPEAL NO. 1696 of 2022
With
R/CRIMINAL APPEAL NO. 1696 of 2022
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2022
In R/CRIMINAL APPEAL NO. 1696 of 2022
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MAHESHBHAI VANJIBHAI MEDA
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR RC KODEKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 30/08/2022
ORAL ORDER
IN CRIMINAL MISC. APPLICATION NO. 15809
OF 2022 :
Rule returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
By this application under section 5 of the Limitation Act,
1963, the applicant seeks condonation of delay caused in filing
the Criminal Appeal No. 1696 of 2022 against the judgment
and order dated 24.01.2020 passed by learned Special Judge
and Additional Sessions Judge, Dahod in Special (POCSO) Case
No. 1 of 2015.
R/CR.MA/15809/2022 ORDER DATED: 30/08/2022
Having regard to the submissions advanced by the
learned advocate for the applicant and more particularly
considering the averments made in the memorandum of
application, the Court is of the view that the delay caused in
filing the Criminal Appeal No. 1696 of 2022 has been
sufficiently explained.
The application, therefore, succeeds and is accordingly,
allowed. The delay caused in filing the Criminal Appeal No.
1696 of 2022 is hereby condoned.
Present Application stands disposed of. Rule is made
absolute.
ORAL ORDER IN CRIMINAL APPEAL NO. 1696 OF 2022:
ADMIT.
Learned APP waives service of notice of admission for and
on behalf of the respondent-state.
CRIMINAL MISC. APPLICATION NO. 1 OF 2022 IN CRIMINAL
APPEAL NO. 1696 OF 2022:
Rule returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
By preferring present application under Section 389 of
the Code of Criminal Procedure, applicant has prayed to
suspend the j judgment and order dated 24.01.2020 passed by
R/CR.MA/15809/2022 ORDER DATED: 30/08/2022
learned Special Judge and Additional Sessions Judge, Dahod in
Special (POCSO) Case No. 1 of 2015 and release the applicant
on bail till the hearing and final disposal of the captioned
Appeal.
Heard learned advocate for the applicant and learned APP
for the respondent-State.
It was submitted by learned advocate for the applicant
that appeal preferred by the applicant has already been
admitted by this court and it would take considerable time for
final hearing of this appeal and therefore, the judgment and
order of sentence is required to be suspended and the applicant
may be released on bail during the hearing and final disposal
of the captioned appeal.
Learned APP for the respondent-State has objected the
submissions made by learned advocate for the applicant and
submitted that after recording evidence of the prosecution,
learned Sessions Court has rightly convicted the present
applicant and therefore, the prayer made in this application
may not be granted by this court.
Having heard learned advocate for the applicant as well
as learned APP for the respondent-State, it appears that the
appeal has already been admitted by this court and it should
take considerable time for final hearing and till then, the
R/CR.MA/15809/2022 ORDER DATED: 30/08/2022
presence of the applicant is not required in judicial custody.
Hence, prayer made by the applicant in the present application
requires consideration to suspend the sentence till hearing and
final disposal of the captioned appeal.
Accordingly, present application stands allowed.
Pending hearing and final disposal of the captioned
appeal, the judgment and order dated 24.01.2020 passed by
learned Special Judge and Additional Sessions Judge, Dahod in
Special (POCSO) Case No. 1 of 2015 shall be suspended and
the applicant is ordered to be released on bail on same terms
and conditions as were prescribed by the trial Court; but with
fresh bail bond and surety.
Rule is made absolute to the aforesaid extent.
(SAMIR J. DAVE,J)
K. S. DARJI
