Research › Search › Judgment

Gujarat High Court · body

2016 DIGILAW 1989 (GUJ)

Thakor Lalaji Parbatji v. State of Gujarat

2016-09-07

G.B.SHAH

body2016
ORDER : G.B SHAH, J. Rule. Learned APP, Mr. K.L Pandya, waives service of notice of rule. 2. The present application has been preferred by the applicants - original accused Nos. 2 and 4 respectively Thakor Lalaji Parbatji and Thakor Nareshji Parbatji under Section 389 of Criminal Procedure Code, 1973 for suspension of sentence imposed vide order dated 30.06.2016 passed by learned 3rd Additional Sessions Judge, Mahesana at Visnagar in Sessions Case no. 13 of 2015, convicting the present applicants - original accused nos. 2 and 4 for the offences punishable under Sections 323 and 114 of the Indian Penal Code, 1860 and sentenced to undergo simple imprisonment of 6 months and fine of Rs. 500/- each with default clause. 3. Heard learned Advocate Mr. Tushar Chaudhary for the applicants - original accused nos. 2 and 4 and learned APP Mr. K.L Pandya for the respondent - State. 4. Learned Advocate Mr. Tushar Chaudhary for the applicants produces the relevant documents on which he relies, in the form of paper book, which is taken on record. 5. Learned advocate Mr. Tushar Chaudhary for the applicants has submitted that considering the specific role attributed to Thakor Lalaji Parbatji, the applicant no. 1 herein - original accused no. 2, he is not pressing the present application. However, considering the facts and circumstances of the case and the role attributed to the applicant no. 2 - original accused no. 4 together with the fact that hearing of the appeal may take time and also considering the nature of sentence, he submitted that the applicant no. 2 - original accused no. 4 is entitled to get benefit of section 389 of the Code. 6. Referring the overall evidence which has been forthcoming on the record so far as applint no. 2 Thakor Nareshji Parbatji-original accused no. 4 is concerned, the case of the prosecution against him is to the effect that he had given kick and fist blows to the complainant. Considering the role attributed to the applicant no. 2 - original accused no. 4 and the short sentence imposed by the Trial Court, the present application deserves to be allowed and is accordingly allowed (qua applicant no. 2 - original accused no. 4). The sentence imposed upon the applicant no. 2 - original accused no. Considering the role attributed to the applicant no. 2 - original accused no. 4 and the short sentence imposed by the Trial Court, the present application deserves to be allowed and is accordingly allowed (qua applicant no. 2 - original accused no. 4). The sentence imposed upon the applicant no. 2 - original accused no. 4 is hereby suspended pending hearing and final disposal of the main Criminal Appeal on the condition that he shall furnish the 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) not leave the State of Gujarat without prior permission of the Trial Court; (b) furnish the present address of residence to the I.O and also to the Court along with the proof of the same at the time of execution of the bond and shall not change the residence without prior permission of this Court; (c) surrender passport, if any, to the lower court within a week; 7. This Application is allowed in above terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.