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2016 DIGILAW 1940 (GUJ)

Gokulbhai Jethiyabhai Vasava v. State of Gujarat

2016-09-06

S.G.SHAH

body2016
ORDER : S.G SHAH, J. Rule, returnable on 17.10.2016 Learned APP waives service of notice of rule on behalf of respondent State. 2. In the present Criminal Revision Application, the applicant herein original accused has prayed to release him on bail by suspending the sentence imposed by order dated 18.12.2014 passed by the learned Judicial Magistrate First Class, Umarwada, Dist. Surat in Criminal Case Nos. 1331 of 2012 (Old) - 398 of 2013 (New) as well as the judgment and order dated 15.07.2016 passed by the learned 7th Addl. Sessions Judge, Surat in Criminal Appeal No. 9 of 2015 rejecting the appeal filed by the present applicant and confirming the order passed by the learned J.M.F.C, Umarwada, by which, the applicant has been convicted for the offence punishable under Sections 279 and 304 of the Indian Penal Code and sentenced to undergo simple imprisonment of three months with fine of Rs. 1,000/- and in default, to undergo further imprisonment of 15 days for the offence punishable u/s.279 of the IPC and sentenced to undergo one year simple imprisonment and fine of Rs. 1,000/- and in default, to undergo further imprisonment for 15 days for the offence punishable u/s.304 of the IPC. 3. Heard learned advocate Mr. Narendra Jain appearing for learned advocate Mr. Ankit Pandya for the applicant and learned APP Mr. K.P Raval for the respondent - State and perused the record of the case. 4. Considering the overall facts and circumstances of the case and sentence imposed by the learned J.M.F.C, Umarwada, Surat vide judgment and order dated 18.12.2014 in Criminal Case Nos. 1331 of 2012 (Old) - 398 of 2013 (New) and confirmed by learned 7th Addl. Sessions Judge, Surat in Criminal Appeal No. 9 of 2015, the present application requires consideration and the same is allowed. The sentence imposed by order dated 18.12.2014 passed by the learned J.M.F.C, Umarwada in Criminal Case Nos. 1331 of 2012 (Old) - 398 of 2013 (New) as well as the judgment and order dated 15.07.2016 passed by the learned 7th Addl. Sessions Judge, Surat in Criminal Appeal No. 9 of 2015 are hereby suspended. The sentence imposed by order dated 18.12.2014 passed by the learned J.M.F.C, Umarwada in Criminal Case Nos. 1331 of 2012 (Old) - 398 of 2013 (New) as well as the judgment and order dated 15.07.2016 passed by the learned 7th Addl. Sessions Judge, Surat in Criminal Appeal No. 9 of 2015 are hereby suspended. The applicant shall be released on regular bail on executing personal bond of Rs.25,000/- (Rupees Twenty-five thousand only) and one surety of like amount to the satisfaction of the Trial Court and subject to the conditions that he shall; (a) surrender passport, if any, to the lower court within a week; (b) not leave the State of Gujarat without prior permission of the Trial Court; (c) furnish the present address of residence to the I.O and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 5. Direct service is permitted.