(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Learned APP, Mr.Pandya, waives service of rule on behalf of respondent-State.
These applications are preferred by original accused Nos. 6 and 7 for suspension of sentence and regular bail.
We have heard learned counsel Mr.Vora for original accused No.6, Mr.Trivedi for original accused No.7 and Mr.Pandya, learned APP for the State.
It appears that so far as both the applicants are concerned, there is no corroboration of the injury upon the deceased which could have been received with the stick or pipe. The injury received upon the deceased is with the knife, and fracture found on the sixth rib as per the order passed by this Court dated 30th March, 2012 and more particularly, at paragraph No.5, it has been, prima-facie, observed that such injuries were attributable to original accused No. 2, who was also armed with the pipe. Under these circumstances, we find that it is a case for suspension of sentence and regular bail qua applicants herein, original accused Nos. 6 and 7.
Hence, the following order:
The sentence imposed upon the applicants herein, (original accused Nos. 6 and 7) is suspended and they are ordered to be released on bail on following conditions:
They shall furnish the bail bond of Rs.10,000/- with solvent surety of like amount each;
They shall not misuse the liberty while on bail;
They shall surrender their passport, if any.
Applications are allowed to the aforesaid extent. Rule made absolute. Direct service is permitted.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top