Budhabhai @ Budheshbhai Manjibhai Makwana vs State Of Gujarat

Umesh A. Trivedi, J

ORDER IN 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.

Heard Ms. Urvashi K. Mehta, learned advocate for the applicant. She submitted that the Trial Court has convicted the applicant for an offence under

Section 325 of the Indian Penal Code for causing injury to witness â€" Naniben with iron pipe causing fractures.

According to her submission, the applicant is ordered to undergo 5 years rigorous imprisonment but in view of the fact that the Schedule appended to

the Code of Criminal Procedure reflects that offence under Section 325 is bailable subject to verification of that Amendment Act coming into force,

even otherwise, it is submitted that since the applicant is convicted for short sentence, that too, of 5 years and he was on bail during trial, his sentence

be suspended and he be released on bail.

Ms. Monali Bhatt, learned APP submitted that it has to be ascertained whether amendment, as submitted, has come into force or not showing offence

under Section 325 to be bailable. However, she has submitted that since sentence is of 5 years imposed upon the applicant and he was on bail, his

case may be considered looking at his tender age. She has fairly submitted that the issues determined by the Trial Court reflects that the applicant was

not prosecuted prima-facie for an offence under Sections 302 or 307 of IPC as issues framed by the Trial Court. For answering charge against the

applicant along with other 4 accused has been whether they committed any offence under Sections 323, 324, 325 and 114 IPC or not, is the issue

framed against the applicant and others.

Considering the fact that the applicant was on bail during trial and he is convicted for an offence under Section 325 of IPC and the sentence being

short sentence imposed upon the applicant and there is no likelihood of Appeal being finally heard in near future, the sentence imposed upon the

applicant is ordered to be suspended and he is ordered to be released on bail on the terms and conditions that may be imposed by the Trial Court, while

releasing him on bail. Bail bonds be executed before the Trial Court.

In view of above, this application stands allowed. Rule is made absolute. Direct service is permitted.