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Judgment
Umesh A. Trivedi, J
ORDER IN CRIMINAL APPEAL.
ADMIT.
Learned APP Ms. Monali Bhatt, waives service of notice of admission for and on behalf of the respondent â€" State.
ORDER IN CRIMINAL MISC. APPLICATION.
RULE returnable forthwith.
Learned APP Ms. Monali Bhatt, waives service of notice of rule for and on behalf of the respondent â€" State.
Mr. Chintan K. Gandhi, learned advocate for the applicants submitted that applicant No.2 - Dayalbhai Keshavbhai Makwana, who is convicted for an
offence under Section 324 of Indian Penal Code and instead of imposing the sentence, has been granted benefit of probation and therefore, his
application for suspension of bail is not pressed by learned advocate.
This application is, therefore, considered for suspension of sentence qua application No.1 only. Applicant No.1 is convicted for an offence under
Sections 323, 324, 325 read with 114 of IPC and maximum punishment imposed is of 2 years of rigorous imprisonment over the applicant.
Considering the sentence imposed upon the applicant No.1 as also the wisdom of the legislature empowering even convicting Court to grant bail to the
convict prisoner, if sentence is imposed up to 3 years, in my opinion, the sentence imposed upon the convict prisoner is required to be suspended and
he is required to be released on bail.
Since applicant No.1 is already released on bail by the Sessions Court after pronouncement of judgment and order dated 30.03.2021 on the ground that
he wants to prefer the appeal, sentence imposed upon applicant No.1 is hereby suspended and he is ordered to be released on bail on the same terms
and conditions and fresh bonds.
In view of above, this application stands allowed qua applicant No.1. Rule made absolute. Direct service today is permitted.