IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2024 In R/CRIMINAL APPEAL NO. 1916 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.S. SUPEHIA Sd/-

and HONOURABLE MR. JUSTICE VIMAL K. VYAS Sd/-

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1 Whether Reporters of Local Papers may be allowed NO

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	NO
2	To be referred to the Reporter or not ?	NO
3	Whether their Lordships wish to see the fair copy of the judgment ?	NO
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	NO

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VISU @ NANU CHANDUBHAI JILIYA Versus STATE OF GUJARAT ================================================================

Appearance:

MR. AAMIR S PATHAN(7142) for the PETITIONER(s) No. 1,2 MS KRINA CALLA, APP for the RESPONDENT(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 01/02/2024 IA JUDGMENT (PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)

1. RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State.

2. By way of present application preferred under Section 389 of Code of Criminal Procedure, 1973, the applicants – original accused Nos.4 and 5, namely, Visu @ Nanu Chandubhai Jiliya and Ujiben @ Bavli Chandubhai Jiliya, have prayed for suspension of sentence imposed upon them vide judgment and order dated 14.10.2022 passed in Sessions Case No.49 of 2019 by the learned Sessions Judge, Amreli, whereby the applicants have been convicted for the offences punishable under Sections 311, 400, 401, 450 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs.5,000=00, and in default of payment of fine, further to undergo simple imprisonment for one month.

3. Mr.Aamir Pathan, learned advocate for the applicants has submitted that the present FIR came to be registered on the basis of the confessional statements given by the present applicants. He has further submitted that, in fact, another FIR being Crime Register No.I-53 of 2019 was registered at the Babra Police Station, Amreli, for the offences punishable under Sections 394, 395, 397, 347, 458, 412, 413, 120B and 34 of the IPC and Section 135 of the Gujarat Police Act. In the said FIR, it is alleged that on 9.6.2019 some unidentified assailants had entered into the farm of the first informant at night hours, assaulted his parents and robbed gold & sliver jewellery worn by them along with utensils and two mobile phones. On the basis of the IMEI number of the mobile phone, the investigating agency traced the location and went to the said place and found nine persons including the present applicants present over there and ornaments of precious metal along with hard cash and mobile- phone was found from them. Upon interrogation, these persons admitted that they committed several offences in the recent past. On the basis of the said information, the present FIR came to be lodged against the present applicants.

4. Learned advocate for the applicants has submitted that none of the panchas have been examined by the prosecution during the course of the trial as regards the recovery of the muddamal articles recovered from the present applicants.

5. At the outset, learned advocate for the applicants has submitted that in the application for suspension of sentence filed by the other co-accused, namely, Sharadbhai Mohanbhai Rajpura (accused no.11) and Raj Mahendrabhai Rajpura (accused no.10), a Coordinate Bench of this Court (Coram : S.H.Vora & Mauna M.Bhatt, JJ.), vide order dated 15.2.2023 passed in Criminal Misc. Application (Regular Bail) No.1 of 2022 in Criminal Appeal No.2395 of 2022 along with Criminal Misc. Ap

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