Inderpal Sureshkumar Yadav Thru Father ... vs Union Of India on 29 June, 2018

[Cites 1, Cited by 5]

Gujarat High Court

Inderpal Sureshkumar Yadav Thru Father ... vs Union Of India on 29 June, 2018

Bench: Sonia Gokani

       R/SCR.A/5016/2018                            ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 5016 of 2018

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  INDERPAL SURESHKUMAR YADAV THRU FATHER SURESHKUMAR
                      RAMKUMAR
                         Versus
                     UNION OF INDIA
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Appearance:
MR JB DASTOOR(239) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 5
MS TRUSHA K PATEL(2434) for the RESPONDENT(s) No. 1
NOTICE NOT RECD BACK(3) for the RESPONDENT(s) No. 2,4
NOTICE SERVED(4) for the RESPONDENT(s) No. 3
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 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                           Date : 29/06/2018

                            ORAL ORDER

1. This court has taken the matter for final hearing during the course of the hearing. The issue of alternative remedy is being argued. There are certain details which are needed to be called for. On raising this query, learned advocate Ms. Trusha Patel, appearing for the respondent no.1 to 4 requests for sometime. While permitting her time till 05.07.2018, this court notices that the applicant has already undergone five months of sentence out of total period of Page 1 of 4 R/SCR.A/5016/2018 ORDER one year. Exercising the powers, as usual in the appeal matters, in wake of the decision of Bhagwan Rama Shinde Gosai and others v. State of Gujarat reported in (1999) 4 SCC 421, the Hon'ble Court has held in para3 as under:

"3. When a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. Of course if there is any statutory restriction against suspension of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But it for any reason the sentence of limited duration cannot be suspended every endeavour should be made to dispose of the appeal on merits more so when motion for expeditious hearing the appeal is made in such cases. Otherwise the very valuable right of appeal would be an exercise in futility by efflux of time. When the appellate court finds that due to practical reasons such appeals cannot be disposed of expeditiously the appellate court must bestow special concern in the matter suspending the sentence, so as to make the appeal right meaningful and effective. Of course appellate courts can impose similar conditions when bail is granted."

2. Till the issue of alternative remedy is decided by this court, the powers are being exercised to release the applicant on bail on his executing a Page 2 of 4 R/SCR.A/5016/2018 ORDER solvent surety of Rs.25,000/ (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall:

[a] not take undue advantage of liberty or misuse liberty;

[b] not tamper with the evidence or hamper the prosecution witnesses and shall not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the trial court within a week from the date of his release;

[d] not leave the State of Gujarat, without prior permission of this Court;

[e] mark presence before the concerned Police Station between 11:00 a.m. and 02:00 p.m. on every first and third Mondays of the English calendar month for a period of six months;

Page 3 of 4

R/SCR.A/5016/2018 ORDER [f] furnish the present address of his residence to (i) the Investigating Officer and also (ii) the trial Court, at the time of execution of the bond and shall not change the residence without prior permission of this Court.

3. The authorities will release the applicant only if he is not required in connection with any other offence for the time being.

4. If breach of any of the above conditions is committed, the trial Court concerned will be at liberty to issue warrant or take appropriate action in the matter and even the Investigating Officer will be at liberty to approach this Court in case of breach of any such condition.

5. Bail bond be executed before the trial Court having jurisdiction to try the case.

Direct service is permitted.

Matter to appear on board on 05.07.2018.

(SONIA GOKANI, J) pradhyuman Page 4 of 4

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