Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1345 (GUJ)

Thakor Amarsingh Badaji v. State of Gujarat

2017-08-02

P.P.BHATT

body2017
ORAL ORDER : P.P. BHATT, J. Rule. Ms. Bhatt, the learned Additional Public Prosecutor, waives service of process of Rule on behalf of the respondent-State. 2. Present application has been filed under Section 389 of the Code of Criminal Procedure, 1973 by the applicants - convicts for suspension of sentence imposed upon them vide judgment and order dated 04/07/2017 passed by the learned Additional Sessions Judge, Patan in Special NDPS Case No. 2 of 2013, whereby the learned trial Judge has convicted the applicants for the offence under Sections 8(c), 20(b) and 29(1) of the NDPS Act and sentenced them to undergo three years' simple imprisonment with fine of Rs. 10,000/- each with default clause. 3. Heard, the learned advocate for the applicants as well as the learned Additional Public Prosecutor for the respondent - State. 4. The learned advocate for the applicants submit that the applicants are innocent persons, however, they have been falsely implicated in the alleged offence. It is submitted that the learned trial Court has not properly appreciated the evidence on record and thereby the applicants have been convicted and sentenced for the offences as stated above. It is further submitted that the fine amount is already paid by the applicants. It is further submitted that the appeal preferred by the applicants is admitted by this Court but the chances of early final hearing of present criminal appeal on account of pendency of old criminal appeal, are very less. It is further submitted that the applicants will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Therefore, the applicants may be enlarged on bail by suspending the sentence imposed by the learned trial Court. 5. The learned Additional Public Prosecutor appearing on behalf of the respondent - State while opposing the present application submits that there is sufficient evidence against the applicants and therefore, looking to the gravity of offences, the applicants may not be enlarged on bail. 6. Regard being had to the above submissions and considering the material placed on record, in the facts and circumstances of the case and considering the possibility of having early final hearing of present criminal appeal due to pendency of criminal appeals, 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 trial Court, as aforesaid, 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 personal bonds and sureties 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 their liberty or abuse liberty and shall maintain law and order; (d) shall furnish latest and permanent addresses of residences to the Investigating Officer, and also to the Court at the time of execution of the bonds, and shall not change the residence without prior permission of this Court. 7. Rule is made absolute accordingly. Direct Service is permitted.