Vipul Narvarlal Trivedi 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 120-B r/w Section 420 of the Indian Penal Code and sentenced for R.I. for 3 years and to pay fine of Rs.5000/-, in default, further S.I. for 60 days. The applicant has filed appeal before Page 1 of 2 R/CR.A/470/2019 ORDER this Court which came to be admitted. The applicant has also moved present application for suspension of sentence.

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 breach of bail condition pending trial or any past conviction 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 Special C.B.I. Judge, C.B.I. Court No.2, Mirzapur, Ahmedabad City in CBI SPCC No.22 of 2015 is hereby suspended and the applicant shall remain on bail pending hearing of the appeal on the same terms and conditions as were imposed at the time of grant of regular bail pending trial but, by furnishing fresh bail bond of Rs.20,000/- to the satisfaction of the learned Sessions Court concerned and on further conditions to (i) attend hearing of the appeal regularly and (ii) 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.) Hitesh Page 2 of 2