SURESH KALI DAHYABHAI DHOBI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned Additional Public Prosecutor waives service of notice of Rule for respondent No.1State of Gujarat. Mr.R.C.Kodekar, learned Special Public Prosecutor waives service of notice of Rule for respondent No.2Special Investigating Team (SIT).

(2.) This application has been preferred under Section 389 of the Code of Criminal Procedure, 1973 ("the Code") by the applicant, who is the original accused No.52 in Sessions Case No.152/2002 and allied matters, for the suspension of the order of conviction dated 02.06.2016 and of sentence dated 17.06.2016, passed by the learned Special Judge, Designated Court for Speedy Trial of Riot Cases (Gulbarg Society), Ahmedabad. The learned Special Judge has convicted and sentenced the applicant for the following offences punishable under the Indian Penal Code, 1860 (IPC): ...[VERNACULAR TEXT OMITTED]...

(3.) The above sentences are ordered to run concurrently and the time spent by the applicant in judicial custody is ordered to be given as a setoff by computing the total quantum of sentence. The applicant is in custody since the pronouncement of the above judgment of conviction. The applicant has filed Criminal Appeal No.1201/2016, which has been admitted vide order dated 04.10.2016 and is pending final decision.