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High Court of Gujarat

HARESHKUMAR VALLABHDAS PANJVANIversusSTATE OF GUJARAT

Disposal
47-DISPOSAL IN ANY OTHER MODE FH

Holding

The High Court suspended the sentence conditionally upon deposit of Rs.45,000, pending final disposal of the revision application.

Summary

The petitioner, Harshekumar Vallabhdas Panjvani, was convicted by a magistrate to three months' imprisonment, a compensation of Rs.90,000 and a default sentence of 30 days, which was confirmed by the Sessions Court. The petitioner filed a criminal revision seeking relief, arguing a possible compromise and willingness to pay part of the compensation. The respondent State, through the Additional Public Prosecutor, waived service of notice. The High Court, considering the facts and the prospect of settlement, ordered the suspension of the lower courts' sentence on the condition that the petitioner deposit Rs.45,000 towards the compensation. The suspension will remain in effect until the final disposal of the revision application, and direct service of notice is permitted.

Issues considered

  • What is the appropriate relief in a criminal revision when the petitioner seeks compromise and partial payment of compensation?
  • Whether the sentence imposed by the magistrate and confirmed by the Sessions Court can be suspended pending final disposal of the revision application.

Subjects

criminal revisionsuspension of sentencecompensationsettlementmagistrate judgmentsessions court

Judgment

         R/CR.RA/385/2018                                                 ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 385 of 2018

==========================================================
                 HARESHKUMAR VALLABHDAS PANJVANI
                             Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
JAGAT V PATEL(7480) for the PETITIONER(s) No. 1
 for the RESPONDENT(s) No. 2
MRS. HANSA PUNANI, ADDITIONAL PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

                                  Date : 16/04/2018

                                   ORAL ORDER


     Rule. Mrs. Hansa Punani, learned APP waives
service        of           notice     of           rule        on    behalf       of
respondent-State.

     Heard Mr. Jagat V Patel, learned advocate for
the applicant and Mrs. Hansa Punani, learned APP
for respondent-State.

     The accused came to be convicted for a period
of   3    months            and    also     further             ordered      to   pay
maintenance            of         Rs.90,000/-          and           in     default,
further       inflicted            punishment              of    30       days.   The
judgment passed by the learned Magistrate came to
be confirmed before the Sessions Court.

     Mr. Jagat V Patel, learned advocate submitted


                                      Page 1 of 2
          R/CR.RA/385/2018                                             ORDER



that      it     is      likely        to      enter         into      compromise
between the parties and he is ready to pay part
of    the      amount         of     compensation            so     awarded      and
further argued that the considerable time will be
taken       in       fixing          for    final         hearing       of     this
revision         after        receipt        of      R   &   P.     Taking      into
consideration the rival submissions advanced and
peculiar         facts         and    circumstances               of   the     case,
this Court deems it appropriate to suspend the
sentence         passed         by    the     learned         Magistrate         and
confirmed by the Sessions Court on a condition to
deposit a sum of Rs.45,000/- before the learned
trial Court towards the amount of compensation so
awarded. Upon deposition of the aforesaid amount,
the sentence passed by the learned Courts below
shall      remain            suspended       till        final      disposal      of
this revision application.

       Direct service is permitted.

                                                                  (R.P.DHOLARIA, J)
SAURABH R. CHAUHAN




                                       Page 2 of 2


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