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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL, JJ
SANTURBHAI KANTIBHAI VADHIYARA DEVIPUJAK – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. preliminary conditions for appealing. (Para 1 , 2) |
| 2. arguments by both applicant and respondent. (Para 3 , 4) |
| 3. court considers principles for suspension. (Para 5 , 7) |
| 4. decision on application for suspension. (Para 8 , 9 , 10) |
(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The present application is preferred by the applicant – original accused under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 5.7.2025 by the learned 3rd Additional Sessions Judge, Dhangdhra in Sessions Case No.5 of 2020.
3. Learned advocate Mr.Rajan J.Patel appearing for the applicant would submit that :
(a) There is a strong prima facie case in favour of the applicant accused and that the applicant was on bail during the trial and has also fully cooperated in conducting trial.
(b) That the sentence handed down to the applicant accused is for a fixed term and has thus argued to allow the present application.
4. On the other hand, Mr.Pranav Dhagat, learned Additional Public Prosecutor has supported the impugn
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