Gautambhai @ Jayeshbhai ... vs State Of Gujarat

1.0 The present application has been filed by the applicants­convict under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence imposed pursuant to the judgement and order rendered in Sessions Case No. 22 of 2015 by the Sessions Judge, Narmada at Rajpipla dated 22.04.2016 recording the conviction and sentence as stated in the judgement.

2.0 Heard learned advocate, Shri PP Majmudar for the applicants and learned APP Ms.Hansa Punani for the respondent­State.

to the background of the facts and submitted that there is some discrepancy and the sentence is a short sentence. He submitted that during pendency of the trial, the applicants were on bail as the hearing of appeal is likely to take some time. Therefore, the present application may be allowed.

4.0 Learned Additional Public Prosecutor Ms. Hansa Punani for the respondent­ State resisted the application and referred to the background of the facts as well as the discussion with regard to the testimony of the complainant wife and submitted that assault is established with intention. She therefore, submitted that present application may not be entertained merely because initially the applicants were granted bail pending the trial as the conviction and sentence has been recorded on appreciation of material on record. 5.0 In view of the rival submissions and having referred to the background of the facts and also in view of the fact that applicants were on bail pending the trial and hearing of appeal is likely to take some time, present application deserves to be allowed. 6.0 Learned Additional Public Prosecutor Ms. Hansa Punani for the respondent­ State referred to the manner in which the incident has occurred which could be considered at the time of hearing of appeal.

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Therefore, without any further elaboration in view of the guidelines with regard to provision of Section 389 of the Indian Penal Code, present application deserves to be allowed.

6.0 Therefore, the present application stands allowed. The implementation and execution of the substantive sentence pursuant to the judgment and order rendered in Sessions Case No. 22 of 2015 by the Sessions Judge, Narmada at Rajpipla dated 22.04.2016 is ordered to remain under suspension till final hearing and disposal of this appeal and the applicants­convict GAUTAMBHAI @ JAYESHBHAI RATANBHAI TADVI and ASHOKBHAI RAJESHBHAI TADVI are ordered to be released on bail on their executing a bond of Rs.10,000/­ (Rupees Ten Thousand Only) each with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall:

(i) not take undue advantage of their liberty or abuse their liberty.

(ii) maintain law and order.

7.0 Rule is made absolute to the aforesaid extent. Direct service is permitted.

(RAJESH H.SHUKLA, J.) niru* Page 3 of 4 HC-NIC Page 3 of 4 Created On Sat May 07 00:39:21 IST 2016 R/CR.MA/10127/2016 ORDER Page 4 of 4 HC-NIC Page 4 of 4 Created On Sat May 07 00:39:21 IST 2016