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Girishbhai Shanabhai Baria vs State Of Gujarat on 4 February, 2020

R/CR.A/20/2020 IA ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2020
In R/CRIMINAL APPEAL NO. 20 of 2020

GIRISHBHAI SHANABHAI BARIA
Versus
STATE OF GUJARAT

Appearance:

MR PRATIK B BAROT for the PETITIONER(s) No.
MS MOXA THAKKAR APP for the RESPONDENT(s) No.

CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI

Date : 04/02/2020
IA ORDER
Heard Mr.Pratik Barot, learned advocate for the
applicants. The applicants are husband and parents in-law
of deceased, who have been convicted for an offence under
Section 498-A, as also under Section 306 of the Indian
Penal Code (for short, ‘the IPC’) and they have been
ordered to undergo 10 years of imprisonment for an
offence under Section 306 of the IPC, as also 3 years of
imprisonment for an offence under Section 498-A of the
IPC.

Mr.Barot, learned advocate for the applicants
submits that during the trial, all the applicants were on
bail. According to him, at first point of time, when dead
bodies were found from the lake of village, an accidental
death case was registered. The allegations leveled
against the applicants, as also against two other
accused, who have come to be acquitted. Considering the
first version of the first informant, Mr.Barot, learned

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R/CR.A/20/2020 IA ORDER

advocate submitted that, the allegations are very general
in nature and pertaining to domestic quarrels only.
According to his submission, there cannot be any offence
under Section 498A of the IPC for such domestic quarrels
and therefore, no presumption under Section 306 of the
IPC can be raised.

Ms.Moxa Thakkar, learned APP has submitted that
since the date of the finding of the dead body, the first
informant and witnesses have alleged cruelty against
applicants and others. Therefore, it is not the case
that, initially, there was no offence disclosed of the
nature for which, they are convicted, but prior to the
date of incident, there was quarrel in between.
Therefore, they have been rightly convicted.

Considering the submissions and the reasons assigned
by the learned Judge, as also, during the trial, the
applicants were on bail, the sentence imposed upon them
is required to be suspended, more particularly, when they
have been imposed maximum punishment, which could be
awarded upon them.

Hence, the sentence imposed upon the applicants is
hereby suspended and they are ordered to be released on
bail on the terms and conditions that may be imposed by
the trial Court. Bail bond shall be executed before the
trial Court. The application stands disposed of. Direct
service is permitted.

(UMESH A. TRIVEDI, J)
ASHISH M. GADHIYA

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