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2022 Supreme(SC) 1409

S. ABDUL NAZEER, VIKRAM NATH
Hardik Bharatbhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
Mr. Maninder Singh, Sr.Advocate, Mr. Mahesh Agarwal, Advocate, Mr. Rishi Agrawala, Advocate, Mr. Ankur Saigal, Advocate, Mr. Rafik Lokhandwala, Advocate, Mr. Divyanshu Srivastava, Advocate, Ms. Sukriti Bhatnagar, Advocate, Mr. Prabhash Bajaj, Advocate, Mr. Pranav Saigal, Advocate, Mr. E. C. Agrawala, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Rajat Nair, Advocate, Ms. Deepanwita Priyanka, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. By judgment dated 25.07.2018 passed by the Fifth (Ad hoc) Additional Sessions Judge, Mehsana, at Visnagar, in Sessions Case No.24/2017, the appellant and two others were convicted for the offences punishable under Sections 147, 148, 149, 427 and 435 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced for a period of two years' simple imprisonment along with fine of Rs.50,000/- with default sentence of simple imprisonment of three months.

3. The appellant filed Criminal Appeal no.1135 of 2018 before the High Court of Gujarat at Ahmedabad, challenging the said order of conviction and sentence. The appellant also filed an application for suspension of his conviction and sentence in the said appeal. The High Court by order dated 08.08.2018 suspended the sentence of the appellant but did not consider the prayer for suspension of conviction. Therefore, the appellant filed an application in the said appeal seeking suspension of conviction. The High Court has dismissed the said application by the impugned order dated 29.03.2019.

4. We have heard Mr. Maninder Singh, learned senior counsel for the appellant and Mr. Tushar Mehta, learned Solicitor General fo

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