MUKESHBHAI VITHALBHAI SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed challenging an order passed below Exhibit-4, in an application for suspension of sentence being Criminal Appeal No. 20 of 2022 filed by the present petitioner challenging the judgment of conviction and order of sentence passed by the trial Court, whereby his application for suspension of sentence came to be rejected on the ground that the petitioner - accused had not remained present before the appellate Court on the day of hearing of the application. Even on an undertaking filed by the learned advocate to the effect that the petitioner - accused will remain present before the Court, petitioner - accused did not remain present.

(2.) As such, the petitioner - accused submitted before the appellate Court that since he was in custody in another case, he was not able to remain present when the appeal was filed, despite the undertaking given by the learned advocate in that case accused shall remain present before the appellate Court was also not complied with.

(3.) As such, despite the petitioner - accused was convicted and ordered to undergo imprisonment vide judgment of conviction and order of sentence dtd. 26/4/2022 and it was suspended on an application given by the petitioner - accused, though he preferred an appeal before the appellate Court, he did not remain present, and therefore, hearing of the appeal and an application under Sec. 389 of the Code of Criminal Procedure, 1973, prolonged. Despite the time granted by the convicting Court, suspending sentence and releasing him even on bail was over, he did not remain present before the appellate Court but on 6/7/2022, he applied vide Exhibit-102 before the Magistrate for extension of time, which came to be rejected by the trial Court vide order dtd. 6/7/2022. Despite that, the petitioner - accused did not remain present before the appellate Court, and therefore, Court was constrained to reject the application Exhibit-4 filed by the petitioner - accused, and therefore, this revision application is filed.