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2016 DIGILAW 2131 (GUJ)

Bhalabhai Isabhai Majirana v. State of Gujarat

2016-10-20

ANANT S.DAVE, B.N.KARIA

body2016
ORDER : Anant S. Dave, J. This application is preferred under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail pending final hearing of Criminal Appeal (against conviction) No. 1411 of 2016, which came to be admitted on 05.10.2016, against the judgment by which the applicant being one of the accused came to be convicted for offence under Section 302 read with Sections 34 and 114 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs. 10,000/- and in default thereof to undergo two months simple imprisonment. 2. Mr. Virat Popat, learned advocate for the applicant has taken us to the backdrop of case of the prosecution and submitted that the case of the prosecution revolves around circumstantial evidence including that of last seen together and discovery etc. and case was considered by this Court when co-convict Narsinhbhai Mafabhai Koli preferred an application for suspension of sentence and grant of regular bail by an order dated 12.9.2016 passed in Criminal Misc. Application (for Regular Bail) No. 19306 of 2016. It is submitted that the role of the present applicant in commission of crime initially alleged and now proved is limited one and he is arraigned with the aid of Section 34 and 114 of the Indian Penal Code. It is submitted that the appeal is likely to be heard after quite a few years and considering totality of the circumstances, bail be granted by suspending sentence, as prayed for. 3. Learned Additional Public Prosecutor has opposed grant of bail and suspension of sentence on the ground of involvement of the applicant in a heinous crime and further submitted that case was proved by the prosecution beyond reasonable doubt. 4. Having regard to the facts and circumstances of the case, we find that no different treatment can be given to the present applicant. Having considered all facts and prima facie reasonings given while suspending sentence and granting bail to co-convict, a case is made out to suspend sentence and grant of bail to the applicant pending appeal. 5. The present application is allowed. The applicant is enlarged on bail on his furnishing a solvent surety of Rs. Having considered all facts and prima facie reasonings given while suspending sentence and granting bail to co-convict, a case is made out to suspend sentence and grant of bail to the applicant pending appeal. 5. The present application is allowed. The applicant is enlarged on bail on his furnishing a solvent surety of Rs. 10,000/- (Rupees Ten Thousand only) and personal bond of the like amount on usual terms and on the following further conditions:- (a) The applicant shall not take undue advantage of his liberty or abuse his liberty. (b) The applicant shall not try to tamper with the evidence or pressurize the prosecution witnesses or complainant in any manner. (c) He shall maintain law and order. (d) The applicant shall surrender his passport, if any, to the lower Court within a week. 6. In the meantime, the substantive sentence shall remain under suspension. Bail bond before the trial Court. Rule is made absolute. Direct service is permitted. 7. The observation herein above shall have no bearing on the case at the stage of final hearing.