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2017 DIGILAW 1834 (GUJ)

Ibrahimbhai Rasulbhai Shaikh v. State of Gujarat

2017-12-01

SONIA GOKANI

body2017
JUDGMENT : SONIA GOKANI, J. For the reasons recorded in the judgment pronounced today, the Hon'ble Court has passed the following order : 1. The appeal is partly allowed. The judgment and order of conviction and sentence dated July 30, 2002, passed by the learned Additional Sessions Judge, Court No.16, Ahmedabad in Sessions Case No. 183 of 2000, is modified and confirmed. However, the appellant-convicts are granted the benefit of Probation and are ordered to be released on probation of good conduct and to keep peace, subject to their executing personal bond of Rs.20,000/- (Rupees Twenty Thousand only) and file undertaking for good moral conduct with one local Surety of like amount for a period of three years and shall become inoperative on compliance of such period. The order of substantive sentence imposed upon the appellant-convicts shall remain suspended during the period of said bond and if there is any breach of condition of the said bond executed in wake of this order of Probation under Section 360 of the Code of Criminal Procedure, the trial Court shall have liberty to issue non-bailable warrant against the appellant-convicts for serving the sentence imposed upon them. 2. Each appellant shall have to pay the additional fine of Rs. 5000/- and the amount by way of compensation should go to the children of the deceased lady. Over and above the fine which they have already paid out of total amount of Rs. 15,000 and Rs. 12,000/-, the children of the deceased shall be paid the compensation of Rs. 21,000/-, which shall be paid to them by way of an account payee cheques drawn in their individual names. Bebiben w/o Abdul Mohammed Abu has recently married in the month of August 2017 and she is staying at her matrimonial home. The amount of compensation shall be equally distributed/disbursed amongst three children of the deceased-Rukaiyabanu viz. (1) Bebiben w/o Abdul Mohammed Abu., (2) Imtiyaz s/o Mohammed Khwaja Shaikh and (3) Siraj s/o Mohammed Khwaja Shaikh, all residing at Koliwada, Yadgir, Near Bukhari Maholla, Karnataka individually by way of account payee cheques. 3. In wake of non-compliance of the aforesaid order, the trial Court shall issue non-bailable warrant for them to undergo the remaining sentence of imprisonment. 2. The present appeal therefore stands allowed to the aforesaid extent.