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Kishorbhai Khimjibhai Hadia vs State Of Gujarat on 16 July, 2018

R/CR.A/275/2018 IA ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION NO. 4 of 2018
IN R/CRIMINAL APPEAL NO. 275 of 2018

KISHORBHAI KHIMJIBHAI HADIA
Versus
STATE OF GUJARAT

Appearance:

MR ASHISH M DAGLI for the PETITIONER(s) No.1
MS MOXA THAKKAR, APP for the RESPONDENT(s) No.1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 16/07/2018

IA ORDER

1. Heard submissions made at bar.

2. This is a case where, the applicant is convicted by the
learned trial Court for the offence punishable under Section
498A r/w Section 114 of the Indian Penal Code and sentenced
for R.I. for 2 years and to pay fine of Rs.2,000/-, in default,
further R.I. for three months and under Section 306 r/w Section
114 of the IPC and sentenced for R.I for 4 years and to pay fine
of Rs. 5,000/-, in default, further R.I. for three months. The
applicant has filed appeal before this Court which came to be
admitted. The applicant has also moved present application for
suspension of sentence.

3. Upon considering the submissions made at bar, it
appears that the applicant is required to suffer the sentence
imposed upon him. As applicant sentenced for a fixed period
and the appeal is not likely to be heard in near future, present

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R/CR.A/275/2018 IA ORDER

application for suspension of sentence can be considered in
view of the decision rendered in case of Bhagwan Rama Shinde
V/s. State of Gujarat (1999)4 SCC 421 as there are no
exceptional circumstances pointed out by the learned A.P.P. to
refuse/decline the application. No breach of bail condition
pending trial or any past conviction reported to the Court.

4. Therefore, pending appeal, judgment and order of
sentence imposed upon the applicant dated 07.03.2018
passed by the learned Additional Sessions Judge, Una in
Sessions Case No.105 of 2012 (Old Sessions Case No. 37 of
2011) is hereby suspended and the applicant shall remain on
bail pending hearing of the appeal on the same terms and
conditions as were imposed at the time of grant of regular bail
pending trial but, by furnishing fresh bail bond of Rs.20,000/-
to the satisfaction of the learned Sessions Court concerned and
on further condition (i) to attend hearing of the appeal
regularly and (ii) to pay the fine amount within 7 days from
today, if not paid till date.

5. Accordingly, present application is allowed. Rule is made
absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J)
TAUSIF SAIYED

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