Sajidhussain Umarfarukbhai Arab vs State Of Gujarat
2024 Latest Caselaw 1313 Guj

Gujarat High Court

Sajidhussain Umarfarukbhai Arab vs State Of Gujarat on 14 February, 2024

                                                                                NEUTRAL CITATION




     R/CR.A/220/2019                            ORDER DATED: 14/02/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 220 of 2019
                                With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                              2 of 2024
              In R/CRIMINAL APPEAL NO. 220 of 2019
                                With
   CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 1 of 2021
              In R/CRIMINAL APPEAL NO. 220 of 2019
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              SAJIDHUSSAIN UMARFARUKBHAI ARAB
                               Versus
                       STATE OF GUJARAT
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Appearance:
MR RAMNANDAN SINGH(1126) for the Appellant(s) No. 1
MS. JIRGA JHAVERI, APP for the Opponent(s)/Respondent(s) No. 1
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  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                            Date : 14/02/2024
                             ORAL ORDER

ORDER IN CRIMINAL APPEAL;

1] By way of this appeal filed under Section 374 of the

Criminal Procedure Code, 1973, the appellant has prayed for

quashing and setting aside the judgment and order dated

16.12.2017 passed by the learned 3rd Additional Sessions

Judge, Ankeshwar, District: Bharuch in Sessions Case No.

112 of 2023 (old Sessions Case No. 68 of 2013) qua the

appellant from the offence punishable under Sections 392, 400

and 114 of the Indian Penal Code, 1860. The learned Sessions

Judge, Ankleshwar has convicted the appellant to undergo 10

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R/CR.A/220/2019 ORDER DATED: 14/02/2024

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years rigorous imprisonment and fine of Rs.1,000/- for the offence

of Section 392 and 114 of the IPC and in default one year rigorous

imprisonment, 10 years rigorous imprisonment and fine of

Rs.1,000/- for the offence of Section 400 and 114 of the Indian

Penal Code, 1860 and in default one year rigorous imprisonment.

All sentences were ordered to run concurrently.

2] Heard learned advocate Mr. Ramnandan Singh for the

appellant and learned Additional Public Prosecutor appearing for

the respondent-State.

3] Learned advocate for the appellant has submitted that

the appellant is in jail since 21.09.2012 and there were three

appeals were pending against him and in Session Case No. 112 of

2013, the appellant has completed the sentence passed by the

learned 3rd Additional Sessions Judge, Ankleshwar on

16.12.2017 and hence the necessary order may be passed in this

matter.

4] Learned Additional Public Prosecutor Ms. Jirga Jhaveri

for the respondent-State has produced the jail remarks, which

shows that the appellant has completed the sentence of 10 years

in Sessions Case No. 112 of 2013 on 12.09.2021 and at present

the appellant is undergoing the sentence in Sessions Case No.

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R/CR.A/220/2019 ORDER DATED: 14/02/2024

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115 of 2013. Learned Additional Public Prosecutor submits that as

the sentence has already been undergone, the appeal may be

disposed of accordingly.

5] Considering the submissions of the learned advocate

for the appellant and considering the fact that the appellant has

completed the sentence of 10 years, in Sessions Case No. 112 of

2013, the appeal requires to be disposed of and the same is

disposed of accordingly.

ORDER IN CRIMINAL MISC. APPLICATION NO. 2 OF 2024

Since the order passed in main appeal, Criminal Misc.

Application for suspension of sentence does not survive and hence

stands disposed of accordingly.

ORDER IN CRIMINAL MISC. APPLICATION NO. 1 OF 2021

Since the order passed in main appeal, Criminal Misc.

Application for temporary bail filed through jail has become

infructuous and hence stands disposed of as having become

infructuous.

(S. V. PINTO,J) VVM