Milan Alias Jimmi Popatbhai Jadav vs State Of Gujarat on 22 December, 2015

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Gujarat High Court

Milan Alias Jimmi Popatbhai Jadav vs State Of Gujarat on 22 December, 2015

Bench: Rajesh H.Shukla

                R/CR.MA/20604/2015                                              ORDER




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  CRIMINAL MISC.APPLICATION  NO. 20604 of 2015
                         (FOR SUSPENSION OF SENTENCE)
                                          In 
                        CRIMINAL APPEAL NO.  1274 of 2015
         ========================================================
                MILAN ALIAS JIMMI POPATBHAI  JADAV....Applicant(s)
                                        Versus
                        STATE OF GUJARAT....Respondent(s)
         ========================================================
         Appearance:
         MR SR SHARMA, ADVOCATE for the Applicant(s) No. 1
         MR H.L.JANI, APP for the Respondent(s) No. 1
         ========================================================

                CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
          
                                     Date : 22/12/2015
          ORAL ORDER

1. The present application has been filed by the applicantoriginal accused convict under Section 389 of the Code of Criminal Procedure, 1973 for suspension of execution of sentence awarded by the impugned judgment and order rendered in Sessions Case (POSCO) No.194/2014 by the Special Judge (POSCO) and 3rd Additional Sessions Judge, Rajkot on the grounds stated in the application.

2. Heard learned Advocate Shri S.R.Sharma for the applicant and learned APP Shri H.L.Jani for the RespondentState.





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                 R/CR.MA/20604/2015                                            ORDER

3. In view of the rival submissions and having considered the material and evidence which has been referred to by both the sides as well as the statement recorded under Section 164 of the Code of Criminal Procedure and considering the scope of Section 389 of the Code of Criminal Procedure, present application deserves to be allowed and accordingly stands allowed in terms of Para No.3(a) and 3(b). The execution of sentence imposed by the impugned judgment and order rendered in Sessions Case (POSCO) No.194/2014 by the Special Judge (POSCO) and 3rd Additional Sessions Judge, Rajkot shall remain under suspension till final hearing and disposal of this appeal and the applicantoriginal accused is ordered to be released on bail on his executing a bond of Rs.10,000/ (Rupees Ten Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:

(a) not take undue advantage of his liberty or abuse his liberty.

(b) not to try to tamper with the evidence or Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Jan 09 00:39:41 IST 2016 R/CR.MA/20604/2015 ORDER pressurize the prosecution witnesses or complainant in any manner;

(c) maintain law and order;

(d) surrender his passport, if any, to the lower Court, within a week.

4. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(RAJESH H.SHUKLA, J.) Tuvar Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Jan 09 00:39:41 IST 2016

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