JAYANTILAL AMBALAL CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Article 227 of the Constitution of India has been preferred by the petitioner-original accused to quash and set aside the impugned order passed by the learned Additional Sessions Judge, Valsad dated 09/01/2012 in Criminal Appeal No. 27/2011 under Section 389 of the Code of Criminal Procedure for suspension of the sentence and grant of bail pending Appeal and thereafter to release the petitioner by suspending the sentence imposed by judgment and order passed by the learned Principal Judicial Magistrate First Class, Dharampur dated 22/12/2011 in Criminal Miscellaneous Application No. 72/2011.

(2.) HAVING heard Shri Qureshi, learned advocate appearing on behalf of the petitioner-original accused and considering the impugned order passed by the learned Additional Sessions Judge, Valsad refusing to suspend the sentence and releasing the petitioner on bail and considering the judgment and order of conviction passed by the learned trial Court, it appears that when the petitioner has been convicted for the offences under Sections 420 and 114 of the Indian Penal Code for cheating more than 34 poor persons and considering the fact that all throughout the bail application submitted by the petitioner was dismissed up to the High Court, it cannot be said that the learned appellate Court has committed any error and/or illegality in refusing to suspend the sentence and releasing the petitioner on bail. However, in the facts and circumstances of the case, the learned appellate Court can be directed to finally decide and dispose of the appeal at the earliest and within the stipulated time and in case for whatsoever reason the petitioner is not heard liberty can be reserved in favour of the petitioner to submit an appropriate application for releasing him on bail.