Satish @ Lalo Vithalbhai Mavani vs State Of Gujarat & on 18 July, 2017

R/CR.MA/7575/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 7575 of 2017

In CRIMINAL APPEAL NO. 389 of 2017

SATISH @ LALO VITHALBHAI MAVANI….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR BM MANGUKIYA, ADVOCATE for the Applicant(s) No. 1
MS BELA A PRAJAPATI, ADVOCATE for the Applicant(s) No. 1
MR K L PANDYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE SERVED BY DS for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 18/07/2017

ORAL ORDER

1. The present application is filed under Section 389 of the

Code of Criminal Procedure, 1973 by the applicant-convict for

suspension the sentence imposed upon him vide judgment and

order dated 15.02.2017, passed by the learned 6th Additional

Sessions Judge, Bhavnagar in Special Atrocity Case No.50 of

2015, whereby learned Sessions Judge has convicted the

applicant-convict for the offence punishable under Section

354(A) of the Indian Penal Code and sentenced to undergo

rigorous imprisonment of three years with fine of Rs.5,000/-, in

default, to undergo further period of two months simple

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R/CR.MA/7575/2017 ORDER

imprisonment, for the offence punishable under Section 376 of

the Indian Penal Code and sentenced to undergo rigorous

imprisonment of ten years with fine of Rs.25,000/-, in default,

to undergo further period of six months simple imprisonment,

for the offence punishable under Section 450 of the Indian

Penal Code and sentenced to undergo rigorous imprisonment

of five years with fine of Rs.10,000/-, in default, to undergo

further period of six months simple imprisonment, and for the

offence punishable under Section 3(1)12 of the Atrocity Act

and sentenced to undergo rigorous imprisonment of one year

with fine of Rs.5,000/-, in default, to undergo further period of

two months simple imprisonment, for the offence punishable

under Section 3(2)5 of the Atrocity Act and sentenced to

undergo rigorous imprisonment of five years with fine of

Rs.5,000/-, in default, to undergo further period of four months

simple imprisonment as well as for the offence punishable

under Section 66(E) of the Information and Technology Act and

the appellant is ordered to undergo rigorous imprisonment of

three years with fine of Rs.50,000/-, in default, to undergo

further period of two months simple imprisonment, for the

offence punishable under Section 67(A) of the Information and

Technology Act and sentenced to undergo rigorous

imprisonment of three years with fine of Rs.50,000/-, in

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R/CR.MA/7575/2017 ORDER

default, to undergo further period of two months simple

imprisonment. All the sentences shall run concurrently.

2. Heard learned advocate for the applicant and learned

Additional Public Prosecutor for the respondent-State.

3. Learned advocate, Mr. Mangukiya for the applicant

submits that the present applicant is an innocent person,

however, he has been falsely implicated in the alleged offence.

It is submitted that the learned Court below has not properly

appreciated the evidence on record. The prosecutrix and other

important witnesses have turned hostile and they have not

supported the prosecution case. However, the learned Court

below has without proper appreciating the evidence on record,

convicted and sentenced the present applicant for the offences

as stated above. It is further submitted that the appeal

preferred by the applicant is admitted by this Court, but

chances of early final hearing of the present criminal appeal on

account of pendency of old criminal appeal, are very less. He

also submits that the applicant has not paid the fine amount. It

is submitted that the present applicant is having good chances

in succeeding appeal considering the evidence on record. It is

further submitted that the applicant will abide by the terms

and conditions that may be imposed by the Court and shall not

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commit any breach. Therefore, the applicant may be enlarged

on bail by suspending the sentence imposed by the learned

Sessions Court, Bhavnagar.

4. Learned advocate, Mr. Mangukiya, under the instructions

states that the applicant is ready and willing to deposit the

amount of Rs.25,000/- before the trial Court, without prejudice

to the rights and contentions. He also submits that the

applicant is a poor person and therefore, he may be permitted

to deposit the aforesaid amount in five monthly installment of

Rs.5,000/- each before the trial Court.

5. Learned Additional Public Prosecutor on behalf of the

respondent-State while opposing the present application

submits that the allegations levelled against the present

applicant are serious in nature and considering the evidence

on record, more particularly, the evidence of Medical Officer,

the learned Court below has passed judgment and order of

conviction and sentence against the present applicant.

Therefore, looking to the gravity of the offences, the applicant

may not be enlarged on bail.

6. Regard being had to the above submissions and

considering the material placed on record, in the facts and

circumstances of the case, the present application deserves

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consideration. Accordingly, the sentence imposed vide

judgment and order dated 15.02.2017, passed by the learned

6th Additional Sessions Judge, Bhavnagar, in Special Atrocity

Case No.50 of 2015, is hereby suspended pending hearing and

final disposal of the Criminal Appeal. The applicant shall be

released on bail on executing a personal bond of Rs.10,000/-

(Rupees Ten Thousand Only) and one surety of the like amount

to the satisfaction of the learned Trial Court and subject to the

conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse
liberty;

[b] not act in a manner injurious to the interest of the
prosecution;

[c] surrender passport, if any, to the lower court within
a week;

[d] not leave the State of Gujarat without prior
permission of the Sessions Judge concerned;
[e] shall not enter into Totiyana Village of Vallabhipur
Taluka, District: Bhavanagar;

[f] furnish latest and permanent address of residence
and contact number to the Investigating Officer and
also to the Court at the time of execution of the
bond and shall not change the residence without
prior permission of this Court;

[g] After depositing the entire amount before the
concerned trial Court by the applicant, the trial
Court shall invest the said amount in Fixed Deposit

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initially for a period of five years in any Nationalized
Bank, in the name of victim. The applicant shall
deposit the said amount by way of monthly
installment of Rs.5000/- each starting from August,
2017 to December, 2017. If the appeal is not heard
during said period, said Fixed Deposit be renewed
for a further period as may be deemed fit and
proper by the trial Court. No loan or withdrawal or
any kind of encumbrance shall be permitted on the
said deposit without permission of the trial Court;

7. Present Application is disposed of accordingly. Rule is

made absolute. Direct Service is permitted.

(P.P.BHATT, J.)

NEHA

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