Chandulal @ Chandrakant Nanalal Sodha v. State of Gujarat
2017-07-03
P.P.BHATT
body2017
DigiLaw.ai
ORDER : P.P. BHATT, J. The present application is filed under Section 389 of the Code of Criminal Procedure, 1973 by the applicant-convict for suspension of sentence imposed upon him vide judgment and order dated 09/02/2017 passed in Sessions Case No. 68 of 2016 (Old Sessions Case No. 22 of 2005 of Veraval) by the learned Additional District and Sessions Judge, Junagadh, whereby the learned Sessions Judge, Junagadh has convicted the applicant-accused for the offence punishable under Section 498(A), 306, 323 and 504 read with Section 114 of the Indian Penal Code. The applicant-accused is sentenced to undergo rigorous imprisonment of two years and fine of Rs. 2,000/- and in default to pay fine, one month simple imprisonment for the offence punishable under Section 498(A) of the Indian Penal Code. The present applicant-accused is also sentenced to undergo four years rigorous imprisonment and fine of Rs. 5,000/- and in default to pay fine, six months simple imprisonment for the offence punishable under Section 306 of the Indian Penal Code. 2. Heard the learned advocate for the applicant as well as learned APP for the respondent-State. 3. The learned advocate for the applicants by referring the evidence adduced before the learned Trial Court submits that the applicant is innocent person and has been falsely implicated in the offence. It is also submitted that the learned trial court has not properly appreciated] the evidence and thereby convicted the present applicant for the offences alleged. It is also submitted that present applicant has preferred present appeal on various grounds and he is having good chance to succeed in appeal. It is also submitted that the appeal preferred by the applicants is admitted by this Court, but chances of early final hearing of present criminal appeal on account of pendency of old criminal appeals are very less. It is further submitted that the applicant was on bail during the trial and he has not misused the liberty in any manner. It is also submitted that minor girl Khushbu (Puja) aged about 12 years, at present is also with the applicant and the applicant is required to look after her welfare. It is also submitted that the applicant is ready and willing to invest Rs.
It is also submitted that minor girl Khushbu (Puja) aged about 12 years, at present is also with the applicant and the applicant is required to look after her welfare. It is also submitted that the applicant is ready and willing to invest Rs. 1,00,000/- in the name of minor daughter by way of fixed deposit in any nationalized bank so that upon attaining majority, the said amount can be utilized for the purpose of her higher education and welfare. Therefore, it is urged that the applicant may be enlarged on bail by suspending sentence imposed by the learned trial court. It is also submitted that the applicant will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State while opposing the present application submits that there is sufficient evidence against the applicant, and therefore, looking to the gravity of offences, the applicants may not be enlarged on bail. 5. Regard being had to the above submissions and considering the material placed on record as also considering the fact that the chances of having early final hearing of present criminal appeal on account of pendency of old criminal appeals are very less; this Court is of the view that in the facts and circumstances of the case, discretion is required to be exercised in favour of the applicants. Hence, the present application is allowed and the order of sentence imposed by the learned Additional District and Sessions Judge, Junagadh in Sessions Case No. 68 of 2016 dated 09/02/2017 shall remain under suspension till the final hearing and disposal of the main appeal. The applicants are ordered to be released on bail on their executing a personal fresh bail bond and surety in the sum of Rs. 10,000/- (Rupees Ten Thousand only) each to the satisfaction of the Trial Court on the following terms and conditions that the applicants: (a) shall deposit the passport, if any, with the Trial Court, within a week. (b) shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (c) shall not take undue advantage of his liberty or abuse their liberty and maintain law and order.
(b) shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (c) shall not take undue advantage of his liberty or abuse their liberty and maintain law and order. (d) shall furnish latest and permanent address of residence to the Investigating Officer, 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; (e) shall invest Rs. 1,00,000/- in fixed deposit in the name of minor girl Khushbu (Puja) with any nationalized bank within a period of one month from the date of release. The said FDR shall be made initially for a period of six years. Copy of the FDR shall be produced before this Court in appeal. No withdrawal or loan or encumbrance shall be permitted on the said FDR without prior permission of this Court. On attaining majority of minor girl Khushbu (Puja), 60% of the maturity amount shall be reinvested in mutual funds or any other financial schemes of the nationalized banks or any other reputed financial institution which are safe and beneficial. 6. Rule is made absolute accordingly. Direct service is permitted.