Hardikkumar @ Satiyo Pareshbhai Patel v. State of Gujarat
2017-07-04
A.J.SHASTRI, ABHILASHA KUMARI
body2017
DigiLaw.ai
ORDER : ABHILASHA KUMARI, J. 1. Rule. Mr. Ronak Raval, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of respondent-State. 2. This undated application has been preferred by the applicant, through jail with a prayer to release him on regular bail. 3. The applicant is undergoing life imprisonment for the offences punishable under Sections 302, 337, 394 read with Section 114 of the Indian Penal Code. 4. It is stated in the application that the applicant has been convicted of the above offences and his mother and father have also been convicted and they are, at present, lodged in Vadodara Central Jail for the past five years. It is further stated that the applicant does not have the means to prefer an application for regular bail through an Advocate, therefore, he has preferred the present application. 5. Another ground stated in the application is that the applicant is aged only 25 years and has a younger brother. It is stated that the applicant has been wrongly implicated in the incident and, in fact, he did not have any weapon when the incident took place. It is further stated that the family of the victim and his family are on good terms but somehow, he has been falsely framed in the offence. Another reason stated in the application is that being 25 years of age, the applicant is facing mental tension and his health is also delicate. As his parents are also in jail, his family is facing adverse circumstances. He has further stated that his incarceration in jail for the pastve years has resulted in mental instability. Therefore, on the above grounds, he may be released on regular bail. 6. The record reveals that the applicant has preferred Criminal Appeal (against conviction) No. 447 of 2016 which has been admitted by the order dated 4.4.2016 This Criminal Appeal appears to have been preferred through Legal Aid. 7. The applicant, not being conversant of the law, has preferred this application for regular bail though he may have intended to prefer an application for the suspension of sentence under Section 389 of the Code Criminal Procedure and for release on bail thereafter. Even if the present application is considered for suspension of sentence pending appeal the Court would require some legal grounds to consider it, which are missing in the present application.
Even if the present application is considered for suspension of sentence pending appeal the Court would require some legal grounds to consider it, which are missing in the present application. The age of the applicant, the fact that he and his parents are serving sentence for the past five years and that he is stated to be undergoing mental tension in view of his conviction, cannot be said to be valid grounds for the release of the applicant on bail. 8. We have also noticed from the record that the applicant had preferred Criminal Misc. Application] (for suspension of sentence) No. 7437 of 2016 in Criminal Appeal No. 447 of 2016, through an Advocate, under Legal Aid, which was not pressed, as is clear from the order dated 4.4.2016 passed by this Court. 9. We are, therefore, unable to accept the prayers made in the application as no valid ground for suspension of sentence or release of the applicant on bail has been made out. The application stands rejected. Rule is discharged.