Ravi Sureshbhai Bhatt vs State of Gujarat

Honourable Mr. Justice M.R. Shah

Rule. Ms. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State. With the consent of the learned advocates for the respective parties, the application is taken up for final hearing today. Present application u/s 389 of the Code of Criminal Procedure has been preferred by the applicant-original accused-convict to suspend the sentence imposed by the learned trial Court while convicting the applicant for the offences punishable u/s 376 of the Indian Penal Code and sentence to undergo 10 years R.I. and consequently to release him on bail.

After hearing the learned advocates for the respective parties, as this Court was not inclined to release the applicant on bail, Shri Abichandani, learned advocate for the applicant does not press the present application. However, has requested to reserve the liberty to submit the appropriate application afresh, if the appeal is not heard within reasonable time. Under the circumstances, present application is dismissed as not pressed. However, it is observed that within reasonable time the appeal is not heard and the applicant has undergone sufficient sentence, it will be open for the applicant to submit the appropriate application for bail, which can be considered in accordance with law and on merits. Rule is discharged.