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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