(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Learned APP, Mr. Pandya waives service of notice of rule for the respondent-State.
2. The present application has been preferred by the applicant-convict for suspension of sentence and regular bail.
3. We have heard Mr. H.B.Shah for the applicant and Mr. Pandya, learned APP for the State.
4. It prima facie appears that in the deposition of the victim herself she has admitted the love affair and love relationship with the accused. In the medical history even before the Doctor, which has come in the evidence, it has transpired that she had voluntarily gone with the accused and they had physical relationship since last three to four years and just on the earlier night, prior to the examination by the Doctor, she had physical relations with consent. The birth certificate is not believed by the learned Sessions Judge. There are no injury marks found by the Doctor on the body or private parts of the victim. Under the circumstances, we find that it would be a case for suspension of sentence and grant of regular bail pending the final hearing of the appeal. Hence the following order:
The sentence imposed upon the applicant-original appellant is suspended and he be released on regular bail on personal bond of Rs. 10,000/- with one solvent surety of the like amount with the further condition that:
1. he shall not misuse his liberty while on bail;
2. he shall not leave the limits of the country without prior express permission of this Court;
3. he shall surrender the passport, if any.
The application is allowed to the aforesaid extent. Rule is made absolute.
[JAYANT PATEL, J.] [PARESH UPADHYAY, J.] JYOTI Top