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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.  641   OF 2013 (@ SPECIAL LEAVE PETITION(CRL.)NO.7923 OF 2012)  

SAMIR MUSTAFABHAI BAJARIYA APPELLANT VERSUS

STATE OF GUJARAT                      RESPONDENT O R D E R

1. Leave granted.

2. While  issuing  notice,  this  Court  vide  Order  dated  18th  

October, 2012 has passed the following order :   “............

Mr.  Tulsi,  learned  senior  counsel,  on  instructions, would submit that the petitioner  has  already  undergone  half  of  the  sentence  imposed  by  the  Trial  Court  for  the  offences  punishable under Sections 489A, 489B, 489C and  120B of the Indian Penal Code, 1860.  Since the  punishment imposed is only for eight years for  the aforesaid offences, we are of the opinion  that during the pendency of the appeal before the  High  Court,  the  sentence  imposed  on  the  petitioner requires to be suspended.   

   Accordingly, we provisionally suspend the  sentence of the petitioner and direct that he be  released on bail subject to the satisfaction of  the Trial Court.”

3. We have heard learned counsel for the parties to the lis.

4. Having perused the records and in view of the facts and  circumstances of the case, we are of the opinion that the aforesaid  Order dated 18.10.2012 be made absolute and is hereby made absolute.

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: 2 : 5. The Criminal Appeal is disposed of accordingly.

......................J. (H.L. DATTU)

......................J. (JAGDISH SINGH KHEHAR)

NEW DELHI; APRIL 26, 2013.