Chaudhary Hirabhai Manjibhai v. State of Gujarat
In the Gujarat High Court
Criminal Misc. Application No. 8230 0f 2012
Before Justice Rajesh H. Shukla
Decided on August 08, 2012

Relevancy of the case: Suspension of sentence for an offence under Section 43 of IT Act, 2000

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 43)
• The Indian Penal Code, 1860 (Section 406, 409, 418, 420, 465, 467, 468, 471)
• The Criminal Procedure Code, 1973 (Section 389, 482)

Relevant Facts of the Case

• The application has been filed by Chaudhary Hirabhai Manjibhai (the applicant) under the abovementioned sections of CrPC for suspension of sentence and quashing the order passed by Sessions Court of Patan.
• The applicant had been charged with the offences under the abovementioned sections of the Indian Penal Code, 1860 and the Information Technology Act, 2000.
• He has been tried for the said offences by the Court of Judicial Magistrate, Patan, and the learned Magistrate recorded the conviction in the said order imposing fine and sentence.
• Against the said order, the applicant (petitioner) filed the criminal appeal before the Sessions Court, Patan, with an application under S. 389 of CrPC for releasing him on bail and suspension of the sentence stating that he has already undergone about 3½ years including the period undergone during the trial.
• However, the Sessions court rejected the application and this petition was filed.

Opinion of the Bench

• From the facts which have been recorded, it is evident that the applicant has paid the fine and once the fine is paid, the application for suspension of sentence under Section 389 of CrPC is required to be considered.

Final Decision

• The application stands allowed. The order passed by the Additional Sessions Judge, Patan is quashed and set aside.
• The order of sentence passed by the Trial Court shall remain suspended till the quashed appeal (decided by the Sessions Court) is decided by the Trial Court on merits.

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