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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vimal K. Vyas, J
Gopalbhai Babubhai Chokekar – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. procedural context and factual background of the conviction and appeal. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions regarding evidence, period of incarceration, and bail eligibility. (Para 5 , 6 , 7 , 8) |
| 3. criteria for suspension of sentence in fixed-term cases emphasizing incarceration duration. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final judicial order granting suspension of sentence and setting bail conditions. (Para 15 , 16 , 17 , 18 , 19) |
IA JUDGMENT
1. RULE. Learned APP Mr. Bhargav Pandya waives service of notice of rule for and on behalf of the respondent-State.
2. By way of filing the present application under the provisions of Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-convict (i.e. the original accused) seeks suspension of sentence imposed upon him vide judgment and order of conviction and sentence dated 12.08.2021 passed by the learned 2nd Additional Sessions Judge and Special (POCSO) Judge, Kheda at Nadiad, in Special (POCSO) Case No.16 of 2021.
3. By the aforesaid judgment and order of conviction and sentence, the applicant-accused came to be held guilty and convicted for the commission of offences punishable under Sectio
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