Tejas Jayeshbhai Ahir vs State Of Gujarat & on 22 August, 2017

R/CR.MA/27802/2016 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 27802 of 2016

In CRIMINAL APPEAL NO. 1137 of 2016

TEJAS JAYESHBHAI AHIR….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR KL PANDYA, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE P.P.BHATT

Date : 22/08/2017

ORAL ORDER

1. Rule. Ms. K. L. Pandya, learned Additional Public Prosecutor, waives
service of process of Rule on behalf of the respondent – State.

2. The present application is filed under Section 389 of the Code of
Criminal Procedure, 1973 by the applicant-appellant-convict for
suspension of sentence imposed upon him vide judgment and order
dated 22/07/2016 passed by the learned Sessions Judge, Surat in
Sessions Case No. 233 of 2009, whereby the learned Sessions Judge
has convicted and sentenced the applicant for the offences punishable
under Sections 376 and 506(2) of the Indian Penal Code, 1860 (‘IPC’,
for short) and sentenced to undergo rigorous imprisonment (RI) for 10
years and a fine of Rs.15,000/- and for the offence punishable under

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R/CR.MA/27802/2016 ORDER

Section 506(2) of the IPC, to undergo RI for 07 years and a fine of
Rs.5,000/-, with default clause.

3. Heard the learned advocate for the applicant as well as learned
Additional Public Prosecutor for the respondent – State.

4. The learned advocate for the applicant submits that the applicant is an
innocent person, however, he has been falsely implicated in the alleged
offence. It is submitted that the learned trial Court has not properly
appreciated the evidence on record and thereby, the applicant has been
convicted and sentenced for the offence as stated above for 10 years.
While referring the evidence of some of the prosecution witnesses,
more particularly, the evidence of the sister, mother and the
prosecutrix, it is submitted that the victim girl is a major and she is
having love affair with the present applicant; they used to meet
frequently and accordingly, the ingredients of the alleged offence are
not attributed, however, the learned Court below without proper
appreciation of the evidence on record, has convicted and sentenced
the present applicant. It is submitted that present applicant is in jail
since last more than 01 years. It is further submitted that the appeal
preferred by the applicant is admitted by this Court, but chances of
early final hearing of the same, on account of pendency of old criminal
appeals, are very less. It is further submitted that the applicant will
abide by the terms and conditions that may be imposed by the Court
and shall not commit any breach. Moreover, the applicants has roots in
Surat district and his presence can be secured at any time during the
course of hearing of the appeal.

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4.1 The learned advocate for the applicant, on instructions, submitted that
the applicant, without prejudice to his rights and contentions, will
deposit an amount of Rs.50,000/- before the trial Court concerned. It is
submitted that the trial Court may be directed to keep the said amount
in fixed deposit for a period of 3 years and on maturity, the amount
may be given to the victim girl. It is also stated that in event of any
settlement, the victim will be at liberty to claim the said amount along
with the interest accrued thereon. It is also stated that the applicant
will not claim refund of the said amount in case if he succeeds in
appeal and is acquitted. However, he submitted that the deposit of the
aforesaid amount may not be construed as admission of guilt on the
part of the applicant. Therefore, it is requested that the applicant may
be enlarged on bail by suspending the sentence imposed by the learned
Sessions Court pending the appeal.

5. Learned Additional Public Prosecutor appearing on behalf of the
respondent – State while opposing the present application submits that
there is sufficient evidence against the applicant, and therefore, looking
to the gravity of offence, 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
and considering the possibility of having early final hearing of present
criminal appeal due to pendency of criminal appeals; this Court is of
the view that in the facts and circumstances of the case, discretion is
required to be exercised in favour of the applicant. Hence, the present
application is allowed and the order of sentence imposed by the learned
Sessions Judge, as aforesaid, shall remain under suspension till the

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final hearing and disposal of the main appeal. The applicant is ordered
to be released on bail on his executing the personal bond and surety in
the sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction
of the trial Court on the following terms and conditions that the
applicant:

(a) shall deposit the passport, if any, with the trial Court, within
a week.

(b) shall not leave the State of Gujarat without prior permission
of the learned Sessions Judge concerned;

(c) shall not take undue advantage of his liberty or abuse his
liberty and shall maintain law and order.

(d) shall furnish latest and permanent address of residence 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;

(e) shall deposit an amount of Rs.50,000/- (Rupees Fifty
thousand only) before the trial Court concerned within a period
of 01 month from the date of this order and shall not claim
refund, in any event. The trial Court concerned shall invest the
said amount in a fixed deposit with any Nationalized Bank for a
period of three years and on maturity, the same shall be
disbursed along with interest accrued thereon to the victim girl
on proper verification and following due procedure. It is also

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clarified that in the event of settlement, if arrived at between the
parties, the victim girl shall be at liberty to claim the said
amount along with accrued interest thereon.

7. Rule is made absolute accordingly. Direct Service is permitted.

[ P. P. Bhatt, J. ]
hiren

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