Rajesh Shantilal Sayani vs State Of Gujarat

Ashutosh J. Shastri, J

Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent â€" State.

The present application is filed by the applicant for the purpose of seeking following reliefs :

“A. Your Lordships may be pleased to admit and allow this application.

B. Your Lordships may be pleased to stay and suspend the impugned order dated 20.7.2018 passed by learned 2nd Additional Sessions Judge,

Devbhumi Dwarka, in ACB Case No.6 of 2003, till the final disposal of the aforesaid Criminal Appeal and release the applicant on bail.

IN ALTERNATE

B. Your Lordships be pleased to extend the bail period of the applicant for a further period of two years or for the period which this Hon’ble

Court deems fit in the interest of justice.

C. Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.â€​

It is the case of the applicant that he is convicted for offence punishable under Section 7 of the Prevention of Corruption Act and sentenced to

undergo SI for a period of six months with fine of Rs.1000/- and under Section 13(1(c) and 13(2) of the Act, the applicant is ordered to undergo SI for

a period of 1 year with fine of Rs.1000/- and in default, further SI for a period of 6 months, is imposed vide judgment and order dated 20.7.2018. This

order of conviction, according to the applicant, is challenged by way of filing the substantive Criminal Appeal No.1081 of 2018 and the same came to

be admitted. The Coordinate Bench has, while admitting the matter and while continuing the bail, observed as under :

“The appeal is admitted and fixed for final hearing on 03/08/2020. Considering the sentence of fixed short duration, the sentence imposed upon the

petitioner by the trial Court is suspended until 03/08/2020 and the petitioner shall continue to be on bail until 10/08/2020 on same terms and conditions

as were prescribed by the trial Court; but with fresh bail bond and surety. It is clarified that it is only for short length of sentence that it is being

suspended to enable the applicant to contest this appeal.

This order shall be extendable on the application of the applicant herein on affidavit, for two years at a time, in absence of the hearing of the appeal.

Accordingly, this application is disposed of. Rule is made absolute to the aforesaid extent. Direct Service is permitted.â€​

Learned advocate for the applicant has submitted that on account of the abrupt situation which has now been created, there is no likelihood of

resumption of physical court working in a near future and apart from that, the appeal of 2018 is likely to take more time for its disposal and, therefore,

since the liberty has been granted by the Coordinate Bench and it has been mentioned that order shall be extendable on the application of the applicant

on affidavit, for two years at a time, in the absence of hearing of appeal, the request may be considered since there is no likelihood of hearing the

appeal. It has been submitted that in an identical situation, the Courts have passed such kind of orders, copies whereof have been placed on record of

this case. An attention is drawn to an order dated 16.7.2020 passed in CR.MA No.1 of 2010 in Criminal Appeal No.999 of 2018, where in a situation

like this, the Court has considered and the time limit prescribed in that particular order, is extended till the outcome of the main appeal and the

application came to be disposed of. It has been submitted that on that similar line and upon similar conditions, the case of the applicant presently also

be considered. By inviting the said decision, the request is reiterated.

As against this, learned APP has submitted candidly that it is true that on account of this prevailing situation, the appeal is not likely to be heard in

near future and the order on such similar set of circumstance is passed by the Coordinate Bench on 16.7.2020, the Court may pass suitable orders, in

the interest of justice.

Having heard the learned advocates appearing for the respective parties and having gone through the material on record, it appears that the appeal

is not likely to be taken up shortly and looking to the sentence tenure of the applicant, the Court is inclined to adopt the similar view as has been

adopted by the Coordinate Bench of this Court in an order dated 16.7.2020. Hence, the present application is allowed. The sentence suspension which

has been ordered by the Coordinate Bench on 3.8.2018 shall continue to operate till final disposal of the main Criminal Appeal No.1081 of 2018 on the

same terms and conditions prescribed by the trial court but, with execution of fresh bail bond and surety of the like amount to the satisfaction of the

learned Trial Court and comply with the conditions that he shall:

(a) not take undue advantage of his liberty or abuse his liberty.

(b) maintain law and order and not to indulge in any criminal activities.

(c) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his

residence without prior permission of the Trial Court.

(d) furnish the list of his immovable properties, whether self acquired or ancestral with description, location and value of such property on an affidavit

before the learned Trial court.

(e) not to leave territory of India without prior permission of the learned Trial Court.

(f) provide his contact numbers as well as the contact numbers of the surety before the learned Trial Court.

(g) surrender his passport, if any, to the lower Court, within a week.

(h) shall maintain all the rules and regulations framed by the Municipality regarding contemporary status of corona virus/Covid19, State Government or

by any competent authority, including social distancing.

If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the

matter.

In view of the above, the present application stands allowed. Rule is made absolute to the aforesaid extent.

The Registry is directed to communicate this order by fax or e-mail to the trial court.