PARESH UPADHYAY - (1.)This is an application for suspension of sentence under Sec. 389 of CrPC, pending appeal against conviction, challenging the common judgment and order dtd. 11/7/2019 recorded by the Special Judge (CBI), Ahmedabad in Special CBI Sessions Case Nos. 1 to 3 of 2014. The applicant is one of the seven persons who were tried by the CBI Court, principally for having committed an offence punishable under sec. 302 r/w sec. 120B of IPC. All the accused are convicted and are ordered to undergo RI for life.
(2.)The hearing of this application was assigned to this bench, pursuant to the order of Hon'ble the Acting Chief Justice (on the Administrative Side of this Court). The matter was heard on 22/9/2021. During the course of hearing, attention of the Court was invited to the orders dtd. 23/8/2021 and 26/8/2021 passed on this application.
(3.)Heard :- Mr. N.D. Nanavati, learned Senior advocate with Mr.Yash Nanavati, learned advocate for the applicant (convict), Mr.Kodekar and Mr.M.G.Kapadiya, learned Special Public Prosecutor(s) for CBI, and Mr.B.B. Naik, learned senior advocate with Mr.Ekant G. Ahuja learned advocate for the 'victim' - father of the deceased.