GAUTAMBHAI NAGJIBHAI DHARNIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this application, the applicant has prayed to suspend the sentence and stay the execution and implementation of the judgment and order of conviction dtd. 18/6/2021 passed in Special (POCSO) Case No. 04 of 2017 by the learned Special Judge (POCSO), Amreli and further prayed to release the applicant on bail pending the main Criminal Appeal.

(2.) Heard learned advocate for the applicant and learned APP for the respondent-State.

(3.) It is submitted by learned advocate for the applicant that the impugned order passed by the learned Judge is illegal and improper against the facts and evidence on record. It is further submitted that the appellant and the victim were together from two to three days i.e. 18/1/2017 to 20/1/2021 and residing together at different places and she voluntarily left with appellant and there is no abduction of the victim with mala fide intention and before the date of incident, they were also in contract. It is further submitted that during the pendency of the trial, the applicant was on bail and looking to the workload and backlog, the appeal of the applicant is not likely to be heard in near future and if he is not bailed out, the purpose of filing his criminal appeal would become infructuous. It is further submitted that liberty granted to the applicant was not misused by the present applicant. Hence, it is requested by learned advocate for the applicant to allow this application.