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Supreme Court - Daily Orders

Bhupatbhai Bachubhai Chavda vs The State Of Gujarat on 18 May, 2021

Bench: Dinesh Maheshwari, Aniruddha Bose

                                                               1

     ITEM NO.6                     Court 10 (Video Conferencing)                            SECTION II-B

                                    S U P R E M E C O U R T O F                      I N D I A
                                            RECORD OF PROCEEDINGS

                                         Criminal Appeal           No(s).      334/2019

     BHUPATBHAI BACHUBHAI CHAVDA & ANR.                                                   Appellant(s)

                                                              VERSUS
     THE STATE OF GUJARAT                                                                 Respondent(s)

     (ONLY I.A NO. 12286/2021 TO BE LISTED
      IA No. 12286/2021 - SUSPENSION OF SENTENCE)

     Date : 18-05-2021 This matter was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE DINESH MAHESHWARI
                             HON'BLE MR. JUSTICE ANIRUDDHA BOSE

     For Appellant(s)                       Mr.   Huzefa Ahmedi, Sr. Adv.
                                            Ms.   Rutvij Oza, Adv.
                                            Ms.   Aastha Mehta, Adv.
                                            Mr.   Shahrukh Alam, Adv.
                                            Ms.   Vishakha, Adv.
                                            Mr.   Rohan Verma, Adv.
                                            Ms.   Prerna Mohapatra, Adv.
                                            Ms.   Sakshi Kakkar, AOR

     For Respondent(s)                      Mr. Aniruddha P. Mayee, AOR

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Having heard learned counsel for the parties and having examined the material placed on record, as at present, we are not inclined to consider the suspension of execution of sentence qua the appellant No.1. The prayer for suspension is rejected qua appellant No.1.

So far as appellant No.2 is concerned, He is said to be 85 Signature Not Verified years of age and his prayer for exemption from surrendering was Digitally signed by NEETU KHAJURIA Date: 2021.05.18 20:46:17 IST Reason: considered and granted by the Hon’ble Judge in Chamber on 21.01.2019.

2

In the totality of the circumstances, so far as appellant No.2 is concerned, we are inclined to order suspension of execution of sentence qua him, during the pendency of this appeal. So far as the main appeal is concerned, as per office report, records have already been received.

Having regard to the totality of the circumstances, it appears just and proper that the appeal be taken up for hearing immediately after the present summer vacations on a non-miscellaneous day. Accordingly, I.A. No. 12286 of 2021 is partly allowed qua appellant No.2 and execution of sentence against him is ordered to be remained suspended subject to his furnishing proper bail bonds to the satisfaction of the Trial Court.

(NEETU KHAJURIA)                                   (BEENA JOLLY)
COURT MASTER (SH)                                  COURT MASTER (NSH)