Gujarat High Court
Kamlesh Devshibhai Prajapati vs State Of Gujarat on 19 October, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/1320/2023 ORDER DATED: 19/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO.
1320 of 2023
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KAMLESH DEVSHIBHAI PRAJAPATI
Versus
STATE OF GUJARAT
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Appearance:
MR. KRUNAL K MODI(7321) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 19/10/2023
ORAL ORDER
1] RULE. Learned Additional Public Prosecutor appears and
waives service of notice of rule on behalf of the respondent-State.
2] This application is filed by the applicant for suspension of
sentence in connection with the conviction recorded vide judgment
and order dated 29th August, 2023 passed by the learned 3rd
Additional Sessions Judge, Anjar-Kutch in Criminal Appeal
No. 2 of 2021, wherein the order of conviction passed by the
learned Additional Chief Judicial Magistrate was confirmed
convicting the applicant under Section 138 of the NI Act for six
months simple imprisonment (instead of one year).
3] Heard Mr. Krunal Modi learned advocate appearing for the
applicant and learned Additional Public Prosecutor appearing for
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R/CR.RA/1320/2023 ORDER DATED: 19/10/2023
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the respondent - State of Gujarat.
4] Mr. Modi learned advocate for the applicant has submitted
that the applicant was convicted dated 29th August, 2023 passed
by the learned 3rd Additional Sessions Judge, Anjar-Kutch in
Criminal Appeal No. 2 of 2021, wherein the order of conviction
passed by the learned Additional Chief Judicial Magistrate was
confirmed convicting the applicant under Section 138 of the NI Act
for six months simple imprisonment (instead of one year). Learned
advocate for the applicant submits that the applicant has deposited
24.34% of the cheque amount Rs.2,31,250/- and the receipts have
been annexed from page No. 70 to 73 and the learned advocate
has submitted that the applicant is ready and willing to deposit
total 40% amount of the cheque amount before the learned Trial
Court and learned advocate for the applicant has submitted that
the applicant has a good case on merits and hence the execution
of order of sentence imposed vide order dated 29th August, 2023
passed by the learned 3rd Additional Sessions Judge, Anjar-
Kutch in Criminal Appeal No. 2 of 2021 be suspended and the
applicant may be enlarged on bail.
5] Learned Additional Public Prosecutor has submitted
that the role and involvement of the applicant in the alleged
NEUTRAL CITATION
R/CR.RA/1320/2023 ORDER DATED: 19/10/2023
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offence is established beyond reasonable doubt. It is, accordingly,
urged to reject the present application.
6] Upon considering the submissions made at bar, it
appears that the applicant is required to suffer the sentence
imposed upon him. As the applicant is sentenced for a fixed period
and the appeal is not likely to be heard in near future, present
application for suspension of sentence can be considered in view
of the decision rendered in case of Bhagwan Rama Shinde V/s.
State of Gujarat (1999)4 SCC 421, as there are no exceptional
circumstances pointed out by the learned A.P.P. to refuse/decline
the application. No breach of bail condition pending trial or any
past conviction is reported to the Court.
7] Accordingly the execution of the sentence imposed by
the 29th August, 2023 passed by the learned 3rd Additional
Sessions Judge, Anjar-Kutch in Criminal Appeal No. 2 of 2021
is hereby suspended pending hearing and final disposal of the
criminal appeal and the applicant is ordered to be released on bail
by executing a fresh bond of Rs. 10,000/- (Rupees Ten Thousand
Only) with one surety of the like amount to the satisfaction of the
trial Court, on the following conditions that he:-
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R/CR.RA/1320/2023 ORDER DATED: 19/10/2023
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(i) shall not take undue advantage of liberty or misuse
liberty;
(iv) shall not leave India without prior permission of the
learned Trial Court ;
(v) shall furnish the present address of his residence to
the Court concerned at the time of execution of the bond and
shall not change the residence without the prior permission of
this Court.
(vi) shall deposit 15% of the amount of cheque before the
learned Trial Court before his release.
8] Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(S. V. PINTO,J)
VVM
