Narendrabhai Maganlal Prajapati vs State Of Gujarat
2023 Latest Caselaw 7761 Guj

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     R/CR.RA/1319/2023                         ORDER DATED: 19/10/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
           NEGOTIABLE INSTRUMENT ACT) NO. 1319 of 2023
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               NARENDRABHAI MAGANLAL PRAJAPATI
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MS ROMA I FIDELIS(3529) for the Applicant(s) No. 1
MS VIDITA D JAYSWAL(6730) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. JIRGA JHAVERI, 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 9th October, 2023 passed by the learned 8th

Additional Sessions Judge, Deesa in Criminal Appeal No. 75

of 2022, wherein the order of conviction passed by the 2nd

Additional Chief Judicial Magistrate was modified from 12

months to 3 months and further paying of compensation was

modified to 20 days .

3] Heard Ms. Roma Fidelis learned advocate appearing for the

applicant and learned Additional Public Prosecutor appearing for

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R/CR.RA/1319/2023 ORDER DATED: 19/10/2023

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the respondent - State of Gujarat.

4] Ms. Fidelis learned advocate for the applicant has submitted

that the applicant was convicted on 06th September, 2022 by the

learned 2nd Additional Chief Judicial Magistrate, Deesa in

Criminal Case No. 2199 of 2017, whereby the applicant has been

convicted for the offence punishable under Section 138 of

Negotiable Instrument Act, 1881 and sentenced to undergo twelve

months simple imprisonment and to pay Rs.10,000/- as

compensation to the respondent no. 2 and in default to undergo a

further simple imprisonment of six months. Learned advocate for

the applicant submits that being aggrieved with the same, the

applicant has filed Criminal Appeal No. 75 of 2022 before the

learned 8th Additional Sessions Judge, Deesa and the order of

conviction passed by the 2nd Additional Chief Judicial Magistrate

was modified from 12 months to 3 months and in default of

imprisonment for paying of compensation was modified to 20 days.

Learned advocate for the applicant has submitted that the entire

amount has already been paid by the applicant and the applicant

has a good case on merits and hence the execution of order of

sentence imposed vide order dated 9th October, 2023 passed by

the learned 8th Additional Sessions Judge, Deesa in Criminal

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R/CR.RA/1319/2023 ORDER DATED: 19/10/2023

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Appeal No. 75 of 2022 and order dated 06th September, 2022

passed by the learned 2nd Additional Chief Judicial Magistrate,

Deesa in Criminal Case No. 2199 of 2017 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

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 9th October, 2023 passed by the learned 8th Additional

Sessions Judge, Deesa in Criminal Appeal No. 75 of 2022 and

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R/CR.RA/1319/2023 ORDER DATED: 19/10/2023

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order dated 06th September, 2022 passed by the learned 2nd

Additional Chief Judicial Magistrate, Deesa in Criminal Case

No. 2199 of 2017 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:-

(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.

8] Rule is made absolute to the aforesaid extent. Direct service

is permitted.

(S. V. PINTO,J) VVM