HARESHKUMAR VALLABHDAS PANJVANIversusSTATE OF GUJARAT
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- HASMUKH D SUTHAR
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
Judgment
R/CR.RA/385/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 385 of 2018
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HARESHKUMAR VALLABHDAS PANJVANI
Versus
STATE OF GUJARAT
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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
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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
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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
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