POPATBHAI LALJIBHAI DABHI....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ======================================================= Appearance:
HCLS COMMITTEE, ADVOCATE for the Applicant(s) No. 1 MR. HARDIK K RAVAL, ADVOCATE for the Applicant(s) No. 1 MS HANSA PUNANI APP for the Respondent(s) No. 1 ======================================================= CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 04/05/2016 ORAL ORDER
1. Rule. Learned APP Ms.Punani Jani waives service of notice of Rule for respondent.
2. The present application has been filed by the applicantoriginal accused under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence as per the judgment and order rendered in Special (Atrocity) Case No.7/2014 by the Special Judge, Bhavnagar dated 30.12.2015 on the grounds stated in the application.
3. Heard learned advocate, Shri Hardik Raval for the applicant and learned APP Ms.Punani for the respondentState.
4. Learned advocate, Shri Raval submitted that the applicant is convicted for the offence under Section 323 of the Indian Penal Code and under the Atrocity Act and the sentence awarded is short Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu May 05 03:10:48 IST 2016 R/CR.MA/9326/2016 ORDER sentence and hearing of appeal may take some and, therefore, the present application may be allowed. He submitted that he was on bail during trial and time was granted by the Court below. He, therefore, submitted that the present application may be allowed.
5. Learned APP Ms.Punani resisted the present application.
6. In view of the grounds mentioned, as the sentence is a short sentence and hearing of appeal is likely to take some time, the present application deserves to be allowed.
7. Therefore, the the present application stands allowed. The execution of the substantive sentence pursuant to the judgment and order rendered in Special (Atrocity) Case No.7/2014 by the Special Judge, Bhavnagar dated 30.12.2015 shall remain under suspension till final hearing and disposal of this appeal and the applicantoriginal accused is ordered to be released on bail on his executing a bond of Rs.5,000/ (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) maintain law and order.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(RAJESH H.SHUKLA, J.) Gautam Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu May 05 03:10:48 IST 2016