Gujarat High Court
Pritesh Prabhatsinh Revar ... vs State Of Gujarat on 9 October, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/1237/2023 ORDER DATED: 09/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 1237
of 2023
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PRITESH PRABHATSINH REVAR (RAJPUT)
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 09/10/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for the
respondent - State.
2. By way of present application under Section 389 of the Code
of Criminal Procedure, 1973, the applicant - accused is
seeking suspension of sentence and release on regular bail
during pendency of the present revision application against
the judgment and order of conviction dated 05.09.2023
passed by the learned 11th Additional Sessions Judge, Rajkot
in Criminal Appeal No. 263 of 2019, whereby, the applicant
- accused herein was sentenced to six months simple
imprisonment and fine of Rs.1,000/- and in default, 15 days
NEUTRAL CITATION
R/CR.RA/1237/2023 ORDER DATED: 09/10/2023
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simple imprisonment for the offence punishable under
Section 279 of the IPC, 3 months simple imprisonment and
fine of Rs.500/- and in default, 10 days simple imprisonment
for the offence punishable under Section 337 of the IPC and
one year rigorous imprisonment and fine of Rs.1,000/- and
in default, 30 days simple imprisonment for the offence
punishable under Section 338 of the IPC as well as three
months simple imprisonment and fine of Rs.1,000/- and in
default, 15 days simple imprisonment for the offence
punishable under Section 184 of the Motor Vehicles Act and
further ordered that all the sentence were to run
concurrently.
2. The facts that arise from the record are as under :
2.1 That the applicant - original accused of Criminal Case No.
3146 of 2011 was before the learned Judicial Magistrate First
Class (Municipal), Rajkot for the offences punishable under
Section 279, 337, 338 of the Indian Penal Code and under
Sections 177, 184 and 134 of the Motor Vehicles Act and the
trial was conducted before the learned Judicial Magistrate
First Class (Municipal), Rajkot and the learned Judicial
Magistrate First Class (Municipal), Rajkot, by judgment and
order dated 29.07.2019, gave the benefit of doubt to the
accused and acquitted the accused.
NEUTRAL CITATION
R/CR.RA/1237/2023 ORDER DATED: 09/10/2023
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2.2 Being aggrieved and dissatisfied with the said judgment and
order, the State of Gujarat preferred Criminal Appeal No. 263
of 2019 and after hearing the parties and perusing the
record, the learned 11the Additional Sessions Judge, Rajkot
convicted the applicant - accused and sentenced him as
mentioned in Para - 1 of this order.
2.3. Being aggrieved and dissatisfied with the judgment and order
passed by the learned 11th Additional Sessions Judge, Rajkot,
the applicant - accused has filed the Criminal Revision
Application.
3. Heard learned advocate Mr.Pratik Jasani for the applicant -
accused and he has submitted that pursuant to the order
passed by the learned 11th Additional Sessions Judge, Rajkot,
the order of conviction was suspended and the applicant was
released on bail on certain terms and conditions and the
applicant was on bail throughout the trial. The learned
Sessions Judge has passed an erroneous judgment and order
of conviction in excess of jurisdiction and the findings are
perverse and based on no material and there is patent error,
which is liable to be quashed and set aside. The applicant has
a good case on merits as the Appellate Court has passed the
order contrary to the settled position of law and hence, the
order of the sentence may be suspended and the applicant
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R/CR.RA/1237/2023 ORDER DATED: 09/10/2023
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may be released on regular bail on appropriate terms and
condition.
4. Learned APP Mr. Tirthraj Pandya for the State has objected to
the present application to grant suspension of sentence and
has submitted that the order of sentence is just and proper
and no interference is required in the order passed by the
learned 11th Additional Sessions Judge, Rajkot and hence,
present application may be rejected.
5. Heard learned advocate for the respective parties and
perused the document produced on record.
6. It is an admitted position that the learned Judicial Magistrate
First Class (Municipal), Rajkot had given the benefit of doubt
to the applicant - accused and the learned 11 th Additional
Sessions Judge, Rajkot has convicted the applicant in
Criminal Appeal No. 263 of 2019. That the applicant was on
bail throughout the trial and appeal and hence, the
application requires consideration and accordingly, is
allowed. The order of sentence in the judgment and order
dated 05.09.2023 by the learned 11 th Additional Sessions
Judge, Rajkot passed in Criminal Appeal No. 263 of 2019 is
suspended during pendency of this Criminal Revision
Application and the applicant is ordered to be released on
NEUTRAL CITATION
R/CR.RA/1237/2023 ORDER DATED: 09/10/2023
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bail on furnishing personal bond of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with surety of the like amount
to the satisfaction of the trial court and on the following
conditions:
(i) shall not take undue advantage of liberty or misuse
liberty;
(ii) shall not leave India without prior permission of this
Court;
(iii) shall maintain law and order;
(v) shall not indulge in any activity leading to breach of
public peace and tranquility.
Rule is made absolute. Direct service is permitted.
(S. V. PINTO, J)
F.S.KAZI.....
