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 498(A) of the Indian Penal Code and sentenced for S.I. for 3 years and to pay fine of Rs.5000/-, in default, further imprisonment of 4 months each, under Section 306 of the Page 1 of 3 R/CR.A/449/2019 ORDER Indian Penal Code, S.I. for 10 years each, fine of Rs.25,000/- each, in default, further imprisonment of 4 months, under Section 3 of the Dowry Prohibition Act, S.I. for 5 years and to pay fine of Rs.10,15,000/-, in default, further imprisonment of 4 months and under Section 4 of the Dowry Prohibition Act, S.I. for 2 years, fine of Rs.5000/- each, in default, further imprisonment of 4 months.. The applicant has filed appeal before this Court which came to be admitted. As on date, the applicant has suffered sentence of 3 years and 8 months.
4. Upon considering the submissions made at bar, it appears that the applicant is required to suffer the sentence imposed upon him concurrently. 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 29.01.2019 passed by the learned 4th Additional Sessions Judge, Bharuch in Sessions Case No.74 of 2015 and to pay compensation of Rs.25,00,000/- 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 15 days from today, if not paid till date.
7. Accordingly, present application is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) SATISH Page 3 of 3