Gujarat High Court
Chandubhai vs State on 4 February, 2011
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
Gujarat High Court Case Information System
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CR.MA/1104/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1104 of 2011
In
CRIMINAL
APPEAL No. 107 of 2011
=========================================
CHANDUBHAI
MAGANBHAI RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MS
MEHDA PANDYA FOR MS KRUTI M SHAH for Applicant(s) : 1,
MR HL JANI,
LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/02/2011
ORAL
ORDER
Rule.
Mr.H.L. Jani, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
Present application is filed by the applicant under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence imposed upon him vide judgment and order dated 06th January 2011 passed by the learned Special Designated Judge and 4th Additional Sessions Judge, Surat, in Special Electricity Case No.07 of 2009 by releasing the applicant-accused on bail during the pendency of the appeal.
The learned Special Designated Judge and 4th Additional Sessions Judge, Surat, by his judgment and order dated 06th January 2011 convicted the applicant for the offences punishable under Section 135(1) of the Electricity Act, 2003 and ordered to undergo rigorous imprisonment for a period of six months and also imposed fine of Rs.21,000/-, and in default of payment of fine, ordered to undergo simple imprisonment for a further period of three months.
Heard Ms.Medha Pandya, learned counsel for Ms.Kruti Shah, learned counsel for the applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent-State.
Ms.Pandya has contended that the applicant is on bail at present and he has also deposited the fine amount in the Court.
I have gone through the papers produced before me as well as the judgment and order of conviction passed by the learned Special Designated Judge and 4th Additional Sessions Judge, Surat.
Looking to the facts of the case, and also the fact that the applicant has already paid fine amount, I am of the opinion that this is a fit case to suspend the sentence awarded to the applicant. Hence, the present application is hereby allowed. The substantive sentence is hereby placed under suspension pending hearing and disposal of the main appeal and the applicant-original accused is hereby ordered to be released on bail on his furnishing surety of Rs.05,000/- and a personal bond of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(Z. K. Saiyed, J) Anup Top