Gujarat High Court
Punjabhai Harmanbhai Talpada vs State Of Gujarat on 30 April, 2019
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/CR.A/922/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC. APPLICATION NO. 8341 OF 2019
In
R/CRIMINAL APPEAL NO. 922 of 2019
with
R/CRIMINAL APPEAL NO. 922 of 2019
with
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2019
==========================================================
PUNJABHAI HARMANBHAI TALPADA Versus STATE OF GUJARAT ========================================================== Appearance:
MR PRATIK B BAROT for the PETITIONER(s) No. MS HANSA PUNANI ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA Date : 30/04/2019 IA ORDER criminal Misc. Application No. 8341/2019 Rule. Learned APP waives service on behalf of the respondent-State, This Court has heard learned advocate Mr. Pratik B. Barot and learned Addl. Public Prosecutor Ms. Hansa Punani.
Learned advocate Mr. Barot for the applicant states that as the applicant belongs to the lower strata of society and he could not manage to engage an advocate, therefore delay of 97 occurred in filing Criminal Appeal requires to be condoned.
Having considered the explanation rendered in the Application , the applicant has sufficiently explained delay. Delay of 97 days deserves to be condoned and is condoned. Rule is made Page 1 of 3 Downloaded on : Sun Jun 30 14:18:09 IST 2019 R/CR.A/922/2019 IA ORDER absolute.
CRIMINAL APPEAL NO.. 922/2019 Heard.
Admit.
Learned APP waives service of notice of admission on behalf of the respondent State.
Criminal Misc Application No. 1/2019 Rule. Mrs. Hansa Punani learned APP waives service of notice of rule on behalf of respondent-State.
2. Learned advocate Mr. Barot for the applicant seeks suspension of sentence pending consideration of Appeal and took this Court through the testimony of victim, doctor who examined her as well as the material evidence on record. He further submitted that during the trial the applicant was on bail and the learned trial court while recording finding that the prosecutrix was below 18 years and therefore, statutory rape came to be established, convicted the accused. He has further submitted that she was already married for 4 years prior to the incident in question.
3. On the other hand, learned APP has strongly opposed for suspension of sentence.
4. Having heard learned counsels for the respective parties and considering the overall facts and circumstances of the case and taking into consideration that the prosecutrix was already married Page 2 of 3 Downloaded on : Sun Jun 30 14:18:09 IST 2019 R/CR.A/922/2019 IA ORDER prior to the incident and the proof as regard to the age is not conclusive, therefore the present application requires consideration and prayer in terms of bail is allowed. The sentence imposed by judgment and order dated 20.11.2018 passed by learned 2nd Additional Sessions Judge /Special Judge, Anand in Special (POCSO) case No. 54/2015 are hereby suspended pending hearing and final disposal of the present Appeal. The applicant shall be released on regular bail by executing fresh bond of Rs.15,000/- (Rupees fifteen Thousand Only) and one surety of like amount to the satisfaction of trial Court on condition that he shall proceed with the Criminal Appeal as and when it may be listed, and he shall surrender his passport, if having, before the learned trial Court and shall not leave India without prior permission of this Court.
Direct service is permitted.
(R.P.DHOLARIA, J) MARY Page 3 of 3 Downloaded on : Sun Jun 30 14:18:09 IST 2019