Gujarat High Court
Motibhai Aalabhai Sumesara vs State Of Gujarat on 24 March, 2021
Author: A.J.Desai
Bench: A.J.Desai, A.S. Supehia
R/CR.A/291/2021 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2021
In R/CRIMINAL APPEAL NO. 291 of 2021
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SANGITABEN GANESHBHAI VAGHELLA Versus STATE OF GUJARAT ========================================================== Appearance:
MR AD SHAH for the PETITIONER(s) No. MS KRINA CALLA, APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE A.J.DESAI and HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 24/03/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. The present application has been filed under Section 389 of the Code of Criminal Procedure, 1973, by the applicants - appellants, seeking suspension of his sentence pending Criminal Appeal No.291 of 2021 arising out of the judgement and order dated 19.12.2019 passed by the learned Sessions Judge and Special Judge, Surendranagar in Special (POCSO) Case No.11 of 2019, by which the applicants - original appellants have been sentenced for life under section 302 of the Indian Penal Code, 1860 and other sentences for various other offences.
2. Learned advocate Mr.A.D.Shah for the applicant appellant has produced relevant documents for consideration of this application.
Page 1 of 3 Downloaded on : Thu Mar 25 00:49:19 IST 2021R/CR.A/291/2021 IA ORDER 3. Heard learned Advocate Mr.A.D.Shah for the applicant appellant and the learned Additional
Public Prosecutor for the State. We have also gone through the dying declaration of the deceased - girl, the deposition of Manjuben V. Parmar (PW19) at Exh.65, who happens to be the mother of the deceased and other witnesses. It appears from the depositions as well as the impugned judgement that the deceased was attacked by the original appellants, who have filed the aforesaid criminal appeal. Out of seven appellants - appellant No.3 - Ganeshbhai Bhelabhai Vaghela, appellant No.4 - Sanjana @ Chandanben Motibhai Semesara, appellant No.6 - Manishaben Motibhai Sumesara have been sentenced under section 449 of the Indian Penal Code, 1860 and convicted for five years. They have undergone the sentence. The allegations leveled against the above referred three accused and present applicant are of similar nature. It appears that the altercation took place between the present applicant with the deceased in the morning, whereas the incident had taken place in the afternoon and, therefore, she has convicted for the offence under section 302 of the Indian Penal Code, 1860, however, without discussing in detail at this stage and considering the fact that the original appellants were released during pendency of the appeal, we are of the opinion that the application requires consideration. Accordingly, the present application is allowed.
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4. In view of the above, it is directed that the execution of the sentence imposed by the learned Sessions Court in Special (POCSO) Case No.11 of 2019 shall remain suspended pending the appeal qua the present applicant - appellant and that they shall be released on bail pending the appeal subject to the following conditions :
(i) The applicant shall furnish the bond of Rs.10,000/ and surety of the like amount and also furnish her full and correct present and permanent address, if any, along with the contact numbers.
(ii) The applicant shall deposit her passport, if any, before the concerned Sessions Court.
5. Rule is made absolute. A copy of the order be sent to the concerned Sessions Court as well as to the concerned Police Station.
Sd/ (A.J.DESAI, J) Sd/ (A.S.SUPEHIA, J) NVMEWADA Page 3 of 3 Downloaded on : Thu Mar 25 00:49:19 IST 2021