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2017 DIGILAW 1529 (GUJ)

Hartanbhai Karshanbhai Rabari v. State of Gujarat

2017-09-04

P.P.BHATT

body2017
ORDER : P.P. BHATT, J. 1. Rule. Learned APP waives service of Rule on behalf of the respondent-State. 2. The present application is filed under Section 389 of the Code of Criminal Procedure, 1973 by the applicants-convicts for grant of regular bail by suspending the sentence imposed upon them vide judgment and order dated 16.08.2017, passed by the learned 3rd Additional Sessions Judge, Anand, in Sessions Case No. 94 of 2014, whereby learned Sessions Judge has convicted and sentenced the applicants-convicts for the offences punishable under Section 323, 324, 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act. 3. Heard learned advocate for the applicants and learned Additional Public Prosecutor for the respondent-State. 4. Learned advocate for the applicants submits that the applicants are innocent persons, however they have been falsely implicated in the alleged offences. It is submitted the learned trial Court has not properly appreciated the evidence produced on record and thereby convicted the applicants in the aforesaid offences. It is also submitted that the criminal appeal preferred by the applicants is admitted by this Court and the applicants are having fair chances to succeed in appeal, but on account of pendency of old criminal appeals, chances of early final hearing of the criminal appeal are very less. Learned advocate for the applicants states that applicants have already paid the fine amount. Learned advocate for the applicants, upon instructions, states that without prejudice to rights and contentions of both the sides, the applicants are ready and willing to deposit Rs. 10,000/- (Rs. 5,000/- each) towards compensation to the injured victims before the concerned trial Court within a period of four weeks from the date of their release on bail-, and the applicants have no objection, if the said amount of compensation is disbursed in favour of the injured victims namely Jigneshbhai Dahyabhai Patel and Hirenbhai Dahyabhai Patel. It is also stated that the applicants will not claim refund of the aforesaid amount, if they are acquitted in future. But, such concession given by the applicants may not be treated as admission of guilt on the part of the applicants as it is without prejudice to rights and contentions of both the sides. It is also stated that the applicants will not claim refund of the aforesaid amount, if they are acquitted in future. But, such concession given by the applicants may not be treated as admission of guilt on the part of the applicants as it is without prejudice to rights and contentions of both the sides. It is further submitted that the applicants are having roots in Anand District and also having responsibility towards their families, and therefore, there is no likelihood to their run away and their presence can be secured at the time of hearing of the appeal by imposing suitable conditions. It is further submitted that the applicants are ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, looking to the facts and circumstances, the applicants may be enlarged on regular bail by suspending the sentence imposed upon them by the learned trial, Court, during pendency of the Criminal Appeal. 5. Learned Additional Public Prosecutor appearing on behalf of the respondent-State while opposing the present application submits that there is sufficient evidence on record to confirm the order of conviction passed by the trial Court, and therefore, looking to the gravity of offences, the applicants may not be enlarged on bail. 6. Regard being had to the above submissions, considering the material placed on record and considering the chances of early final hearing of the present criminal appeal on account of pendency of criminal appeals as also considering the fact that without prejudice to rights and contentions of both the sides, the applicants are ready and willing to deposit Rs. 10,000/- (Rs. 5,000/- each) towards compensation to the injured victims before the concerned trial Court within a period of four weeks from the date of their release on bail and the applicants have also no objection if the said amount of compensation is disbursed in favour of the injured victims, 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 upon the applicants by the 3rd Additional Sessions Judge, Anand, in Sessions Case No. 94 of 2014, dated 16.08.2017, shall remain under suspension till the final hearing and disposal of the Criminal Appeal. Hence, the present application is allowed and the order of sentence imposed upon the applicants by the 3rd Additional Sessions Judge, Anand, in Sessions Case No. 94 of 2014, dated 16.08.2017, shall remain under suspension till the final hearing and disposal of the Criminal Appeal. The applicants are ordered to be released on regular bail on their executing 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 and subject to the conditions that they shall: (a) not take undue advantage of liberty or misuse liberty; (b) surrender passport, if any, to the trial court within a week; (c) not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (d) 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) the applicants shall deposit an amount of Rs. 10,000/- (Rs. 5,000/- each) towards compensation to the injured victims before the concerned Trial Court within a period of four weeks from the date of their release on bail; (f) After depositing the aforesaid amount of Rs. 10,000/- the trial Court shall disburse the same to the injured victims namely Jigneshbhai Dahyabhai Patel and Hirenbhai Dahyabhai Patel in equal proportion by an account payee cheque after proper verification. The permission for withdrawal of the amount, shall not be construed as admission of guilt on the part of the applicants as the amount is being deposited without prejudice to the rights and contentions of both the sides. However, it is clarified that the applicants shall not claim refund of the said amount in the event of their acquittal in future. If the above conditions as volunteered by the applicants are not complied with or fulfilled, the bail granted in favour of the applicants shall stand automatically cancelled without any reference to the Court. 7. Rule is made absolute accordingly. Direct service is permitted.