Sanjay @ Bhayo S/O. Bhalabhai ... vs State Of Gujarat

Order in Criminal Appeal Admit. Learned A.P.P. waives service of notice of admission for the respondent - State.

Order in Criminal Misc. Application

1. Rule. Learned A.P.P. waives service of Rule for the respondent - State.

2. Heard submissions made at bar.

3. This is a case where, the applicant is convicted by the learned trial Court for the offence punishable under Section 376(2)(i) of the Indian Penal Code and sentenced for R.I. for 10 years and to pay fine of Rs.5,000/-, in default, further S.I. for 6 months The applicant has filed appeal before this Court which came to be admitted. As on date, the applicant has suffered sentence of 30 months.

R/CR.A/445/2019 ORDER

4. Upon considering the submissions made at bar, it appears that the applicant is required to suffer the sentence imposed upon him. As applicant sentenced for a fixed period and the appeal is not likely to be heard in near future, present application for suspension of sentence can be considered in view of the decision rendered in case of Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421 as there are no exceptional circumstances pointed out by the learned A.P.P. to refuse/decline the application. No any past conviction is reported to the Court.

5. Therefore, pending appeal, judgment and order of sentence imposed upon the applicant dated 12.02.2019 passed by the learned Special Judge (POCSO) and Additional Sessions Judge, Vadodara in Special (POCSO) Case No.163 of 2016 is hereby suspended and the applicant shall remain on bail pending hearing of the appeal on conditions to (i) furnish bail bond of Rs.20,000/- to the satisfaction of the learned Sessions Court concerned, (ii) attend hearing of the appeal regularly and (iii) pay the fine amount within 7 days from today, if not paid till date.

6. Accordingly, present application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J) SATISH Page 2 of 2