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IN THE HIGH COURT OF GUJARAT
J.K. Mehta, J
Atul Indravadan Vaidh Thro. His Wife Vaidh Dipikaben Atulbhai v. State of Gujarat and Another
| Table of Content |
|---|
| 1. context of the conviction and suspension (Para 2 , 3 , 4 , 5) |
| 2. arguments for suspension and legal precedents (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. judicial discretion in suspension of sentences (Para 23 , 29 , 30 , 33 , 39) |
| 4. criteria for suspension of fixed-term sentences (Para 26 , 27 , 32) |
| 5. final order for suspension of sentence (Para 47 , 50 , 51) |
1. Rule.
Mr. J. K. Shah, learned Additional Public Prosecutor and Mr. R. C. Kodekar, learned Special Public Prosecutor, waive service of notice of Rule for respondent Nos.1 and 2, respectively.
2. The present application under S.389 of the Code of Criminal Procedure , 1973 ("the Code") has been preferred by the applicant, through his wife, with a prayer to suspend the judgment and order of conviction dated 02.06.2016, and the order of sentence dated 17.06.2016, passed by the learned Special Judge, Designated Court for Speedy Trial of Riot Cases (Gulbarg Society), Ahmedabad in Sessions Case No. 152 of 2002 and allied matters, more specifically, Sessions Case No.195 of 2009, pending the final disposal of the criminal appeal, on terms and conditions as may be deemed fit by the Court, and to enlarge him o
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