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Judgment
Ilesh J. Vora, J
The present application has been filed by the applicant with prayer for suspension of sentence and grant of bail during the pendency of the instant
appeal.
The applicant â€" original accused has filed this application for suspension of sentence imposed by the learned Additional District and Sessions
Court, Jamnagar vide judgement and order dated 25/03/2021 in Sessions Case No.132 of 2016, by which, the applicant has been convicted and
sentenced to undergo imprisonment of three years and fine.
Heard Mr.M.M.Barejia, learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent- State. This Court has
considered the fact that through out the trial process, the applicant-appellant was on bail. Record indicates that he has not misused his liberty during
bail and therefore, the application succeeds.
Considering the entire facts and circumstances of the case and submissions made by the learned advocates appearing for the respective parties, this
Court is of the opinion that the present application deserves to be granted. Accordingly, the present application is allowed.
In view of the above, it is directed that the execution of the sentence imposed by the learned Additional District and Sessions Court, Jamnagar vide
judgement and order dated 25/03/2021 in Sessions Case No.132 of 2016 shall remain suspended pending the instant appeal qua the present applicant
and he shall be released on bail pending the appeal on executing his personal bond of Rs.10,000/- (Rupees Ten Thousand only) with solvent surety of
the like amount to the satisfaction of the trial court and subject to the following conditions :-
(i) The applicant shall not take undue advantage of his liberty granted by this Court. The applicant shall maintain law and order and shall not indulge in
any illegal act or offence.
(ii) The applicant shall furnish full and correct address to the concerned Court and shall not change the same without prior permission of the
concerned court.
(ii) The applicant shall deposit his passport, if any, before the concerned Sessions Court.
In the meantime, the substantive order of sentence passed by the trial court qua applicant shall remain suspended till the final disposal of the main
appeal. Bail bond before the trial court. Rule is made absolute to the aforesaid extent. Direct service is permitted.