Gujarat High Court
Haresh @ Bhuro S/O. Padamshi Velji Jungi vs State Of Gujarat on 9 September, 2025
NEUTRAL CITATION
R/CR.A/2231/2025 ORDER DATED: 09/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 2231 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL APPEAL NO. 2231 of 2025
With
R/CRIMINAL APPEAL NO. 2250 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL APPEAL NO. 2250 of 2025
================================================================
HARESH @ BHURO S/O. PADAMSHI VELJI JUNGI & ANR.
Versus
STATE OF GUJARAT
================================================================
Appearance:
MR PARTH S TOLIA(5617) for the Appellant(s) No. 1,2
MS ASMITA PATEL, APP for the Opponent(s)/Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 09/09/2025
COMMON ORAL ORDER
1. The present Criminal Appeal No.2231 of 2025 has been
preferred by the appellants-convicts (i.e. original accused nos.3
and 4), whereas, the Criminal Appeal No.2250 of 2025 has been
preferred by the appellants-convicts (i.e. original accused nos.5
to 11) respectively under Sections 415(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023, against the common judgment
and order dated 04.08.2025 passed by the learned Sessions
NEUTRAL CITATION
R/CR.A/2231/2025 ORDER DATED: 09/09/2025
undefined
Judge, Gir Somnath at Veraval, in Sessions Cases Nos.18 of
2013 and 33 of 2014.
2. By the aforesaid judgment and order of conviction and
sentence, the trial court has held the present appellants-accused
guilty and convicted them for the offences punishable under
Sections 323 and 504 of the Indian Penal Code, and
consequently, they have been sentenced to undergo
imprisonment as under :-
Section Imprisonment Fine In default of
(Rs.) payment of fine
323 Simple Imprisonment for 1000 Simple Imprisonment
one year for one month
504 Simple Imprisonment for 1000 Simple Imprisonment
two years for two months
3. Initially, all the accused persons, including the present
appellants, were charged for the offences punishable under
Sections 143, 147, 148, 149, 307, 323, 341, 504, 120B of the
Indian Penal Code as well as under Section 135 of the Gujarat
Police Act, however, after appreciating the entire evidence on
record, the trial court acquitted the present appellants from the
NEUTRAL CITATION
R/CR.A/2231/2025 ORDER DATED: 09/09/2025
undefined
charge for the offences punishable under Sections 143, 147,
148, 149, 307, 341, 120B of the Indian Penal Code as well as
under Section 135 of the Gujarat Police Act, and convicted them
only for the offences punishable under Sections 323 and 504 of
the Indian Penal Code. Consequently, the trial court convicted
the present appellants for the alleged offences and imposed upon
them a fixed term of sentence of simple imprisonment for two
years along with the fine.
4. At the outset, learned advocate Mr.Parth Tolia appearing
for the appellants-convicts has submitted that after the
pronouncement of the judgment and order of conviction and
sentence by the trial court, the appellants-convicts had, on
04.08.2025, preferred an application (Exh.468) under Section 4
of the Probation of Offenders Act, 1958, for grant of probation,
which was pending for orders by the trial court. However, in the
meantime, the appellants-convicts had challenged the judgment
and order of conviction and sentence passed by the trial court
before this Court by way of preferring the present appeals, as
well as, they also preferred the captioned criminal miscellaneous
applications for suspension of sentence imposed upon them by
the trial court.
NEUTRAL CITATION
R/CR.A/2231/2025 ORDER DATED: 09/09/2025
undefined
5. Thereafter, on 03.09.2025, this Court admitted the
captioned appeals and issued notice in the criminal
miscellaneous applications for suspension of sentence, making it
returnable on 09.09.2025.
6. Learned advocate Mr.Tolia has submitted that before
hearing of the criminal miscellaneous applications for
suspension of sentence, the trial court had, in fact, already
granted the probation to the present appellants-convicts on
01.09.2025 vide order passed below application Exh.468 in
Sessions Cases Nos.18 of 2013 and 33 of 2014.
7. Learned advocate Mr.Tolia has, therefore, urged before this
Court that since the probation has already been granted by the
trial court to the present appellants-convicts, he does not want
to press the present appeals as well as the criminal applications
for suspension of sentence and seeks permission to withdraw the
same.
8. Having heard Mr.Tolia appearing for the appellants-
convicts and having gone through the order dated 01.09.2025
NEUTRAL CITATION
R/CR.A/2231/2025 ORDER DATED: 09/09/2025
undefined
passed by the trial court below application Exh.468 in Sessions
Cases Nos.18 of 2013 and 33 of 2014, it appears that the
present appellants-convicts have already been granted probation
by the trial court. Therefore, it appears that the cause mentioned
in the appeals as well as in the criminal miscellaneous
applications does not survive.
9. In the aforesaid view of the matter, the permission as
prayed for by the appellants-convicts to withdraw the appeals
and the applications is granted. The appeals as well as the
criminal miscellaneous applications stand disposed of as
withdrawn.
(VIMAL K. VYAS, J.)
/MOINUDDIN
