Rule.
Mr.H.H. Parikh, learned Additional Public Prosecutor, waives service of Rule on behalf of the respondent-State.
Present application is filed by the applicant under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence imposed upon him vide order dated 07th January 2010 passed by the learned Sessions Judge (Main Court), Gandhinagar, in Sessions Case No.10 of 2009 by releasing the applicant-accused on bail during the pendency of the appeal.
The learned Sessions Judge (Principal Court), Gandhinagar, by his judgment and order dated 07th January 2010 convicted the applicant for the offences punishable under Section 498-A read with Section 114 of the Indian Penal Code and ordered to undergo simple imprisonment for two years and find of Rs.01,000/-, and in default of fine, ordered to undergo simple imprisonment for further period of one month. The applicant was also convicted for the offence punishable under Section 306 read with Section 114 of the Indian Penal Code and ordered to undergo simple imprisonment for five years and fine of Rs.02,000/-, and in default, ordered to undergo simple imprisonment for further period of two months.
Heard Mr.Ashis Dagli, learned counsel for the applicant and Mr.H.H. Parikh, learned Additional Public Prosecutor for the respondent-State.
I have gone through the papers produced before me as well as the judgment and order of conviction passed by the learned Sessions Judge (Main Court), Gandhinagar.
Looking to the facts of the case, I am of the opinion that this is a fit case to suspend the sentence awarded to the applicant. Hence, the present application is hereby allowed. The substantive sentence is hereby placed under suspension pending hearing and disposal of the main appeal and the applicant-original accused is hereby ordered to be released on bail on his furnishing surety of Rs.05,000/- and a personal bond of the like amount on usual terms and conditions. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top