SURAJKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the order dated 11.02.2020, this Court had already admitted the criminal appeal.

(2.) The present Criminal Misc. Application has been filed for suspending the conviction imposed upon the applicant by the judgment and order dated 04.12.2019 passed by Sessions Judge, Bhavnagar in Sessions Case No. 97 of 2018.

(3.) At the outset, learned advocate Mr. Ramnandan Singh appearing for the applicant has submitted that the co-accused Mahendrasinh Gambhirsinh Jadeja and others, who have applied separately, have been granted the relief of suspending the sentence by the order dated 19.02.2019 passed in Criminal Misc. Application No. 1 of 2019 in Criminal Appeal No.405 of 2019. It is further submitted by learned advocate Mr. Ramnandan Singh that the other accused have been sentenced for a period of two years whereas the present applicant has been sentenced for a period of five years though the offence is said to have been committed under the provisions of Sections 489 (B) (C), 34 and 114 of the Indian Penal Code , 1860 ( I.P.C .) . He has invited the attention of this Court to the order dated 28.12.2018 passed in Criminal Misc. Application No. 21797 of 2018 filed by the applicant by seeking regular bail. He has submitted that the conviction is premised only on the basis of call records and the statements of the co-accused and hence, his sentence of five years may be suspended. It is further submitted that the applicant has already sentenced more than 9 months and he has also paid the fine.