TALHA YUNUS SARESHWALA Vs. DEENA MUKESH SHETH

JUDGEMENT

(1.) Since the issue raised in the these applications are similar, they are being decided by a common order. The facts of Special Criminal Application No.6185 of 2024 are taken for the purpose of adjudication.

(2.) This application is preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') read with Sec. 227 of the Constitution of India, challenging the order passed by the learned Sessions Court, Kalol, Gandhinagar below Exh.10 in Criminal Appeal No.09 of 2024, Criminal Appeal No.12 of 2024, Criminal Appeal No.06 of 2024 and Criminal Appeal No.03 of 2024 dtd. 3/5/2024 in S.Cr.A. No. 6185 of 2024, S.Cr.A. No. 6186 of 2024, S.Cr.A. No. 6211 of 2024 and S.Cr.A. No. 6225 of 2024 respectively, whereby the order of suspension of sentence can be vacated and the non bailable warrant was issued against the petitioner.

(3.) It is the case of the petitioner that, the petitioner was convicted by judgment and order of conviction dtd. 7/12/2023 passed by learned Additional Chief Judicial Magistrate, Kalol, Gandhinagar and ordered to undergo sentence of one year of simple imprisonment alongwith the other accused. It was further directed to make the payment of Rs.3,03,45,000.00 and in default further simple imprisonment of 4 months was imposed. Being aggrieved by the aforesaid judgment and order of conviction, the present petitioner has preferred the appeal before the learned District and Sessions Court, Kalol being criminal appeal Nos. mentioned above.