Mahammadbhai Jamalbhai Rasamana & 2 Other(S) vs State Of Gujarat

Ilesh J. Vora, J

[1] Rule. Learned APP waives service of notice of rule for and on behalf of respondent - State.

[2] By way of prayer-8(B) of this application, the applicants-original accused are seeking suspension of sentence imposed vide judgment and order

dated 16.06.2021 passed by learned 7th Additional Sessions Judge, Banaskantha at Palanpur passed in Criminal Appeal No.63 of 2018 confirming the

conviction vide order dated 11.12.2018 passed by the learned Additional Judicial Magistrate, First Class, Danta in Criminal Case No.1001 of 2014 and

to release them on bail during the pendency of the aforementioned Criminal Revision Application.

[3] Learned advocate for the applicants states that the learned Magistrate, Danta has convicted the applicants under Sections 323, 325, 504, 506(2) &

114 of the Indian Penal Code and Section 135 of the G.P.Act and the conviction was confirmed by the learned Sessions Judge, Banaskantha at

Palanpur. He submitted that the learned trial Court has imposed very short sentence upon the applicants. Therefore, considering the facts and

circumstances of the present case, the sentence may be suspended, and he has urged before this Court to allow the present application.

[4] Mrs.Krina Calla, learned APP for the respondent - State strongly opposed for grant of suspension of sentence.

[5] Heard learned advocate for the applicants and learned APP for the respondent-State.

[6] Heard learned advocates appearing for the respective parties and perused the case papers. Considering the issues raised in the present revision

application, without entering into the merits of this case, this Court is of the considered opinion that present application requires consideration and

prayer in terms of bail is allowed. The sentence imposed by the impugned judgment and order dated 11.12.2018 passed by the learned Additional

Judicial Magistrate, First Class, Danta in Criminal Case No.1001 of 2014, is hereby suspended pending hearing and final disposal of the Criminal

Revision Application. The applicants shall be released on bail by executing fresh bond of Rs.10,000/- (Rupees Ten Thousand Only) each and one

surety of like amount to the satisfaction of trial Court on condition that they shall proceed with the Criminal Revision Application as and when it may

be listed, and they shall surrender their passport, if having, before the learned trial Court and shall not leave India without prior permission of this

Court. Rule is made absolute to the aforesaid extent.

Direct service is permitted through e-mode.