Gujarat High Court
Rameshbhai vs State on 17 July, 2012
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, Paresh Upadhyay
Gujarat High Court Case Information System
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CR.MA/8041/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8041 of 2012
In
CRIMINAL
APPEAL No. 756 of 2012
=========================================================
RAMESHBHAI
GORDHANBHAI VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK B SHAH for
Applicant(s) : 1,
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE PARESH UPADHYAY
Date
: 17/07/2012
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed by the applicant-appellant-original accused seeking suspension of sentence pending the appeal.
2. Having heard the learned Advocate Mr.H.B.Shah for the applicant, this Court is of the opinion that no case is made out for grant of prayer of suspending the sentence.
3. Learned Advocate for the applicant vehemently submitted that reliance placed by the learned Judge on the evidence of Lakhiben Maganbhai Vasava-P.W. No.5-Exh.22 is not proper. He submitted that the age of P.W. No.5 was 70 years and she had cataract in her eyes and there was no light at the time of the incident, which the learned alleges to have taken place at 08.00 pm, whereas the witness has deposed the incident to have taken place at 06.00 pm.
4. Prima facie, this Court is not able to accept the submission made by the learned Advocate for the applicant that grand-mother has falsely implicated her grand-son in murder of her son, who is the father of the convict. This Court is prima facie of the opinion that the learned Judge has not committed an error in relying on the evidence of P.W.5.
5. No case is made out for grant of prayer of suspension of sentence. The application is rejected.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top