1. Rule.
Learned APP Mr. Jani waives service of Rule on behalf of the respondent State. Having regard to the facts and circumstances of the case, this application is taken up for hearing today.
2. This is an application preferred by the applicant under Section 389 of the Code of Criminal Procedure seeking bail against the judgment and order of conviction and sentence passed by the learned Principal Sessions Judge, Rajkot in Sessions Case No.90 of 2009 dated 14.12.2010 by which the learned Judge has convicted the applicant for the offence punishable under Section 326 of the Indian Penal Code to undergo for five years R.I. and fine of Rs.1000/- and in default of the same, to further undergo 15 days R.I.
3. Learned advocate Mr. Vyas for the applicant submitted that the applicant belongs to backward class and he is only breadwinner of his family. He is a daily wager. He also submitted that looking to the sentence imposed upon the applicant, he may kindly be released on bail.
4. Learned APP Mr. Jani submitted that looking to the injuries caused to the injured, the applicant may not be required to be released on bail. He also submitted that out of five injuries, three injuries are of very serious in nature. Therefore, his bail is required to be dismissed.
5. Heard both the parties and perused the application along with papers. I have also perused the judgment and order of conviction and sentence passed in the aforesaid Sessions Case. The injured suffered injuries on his vital parts of body and looking to the injuries, which are of very serious in nature, I am not inclined to grant bail to the applicant. Hence, the application stands dismissed. Rule is discharged.
(Z.K.SAIYED,J.) ynvyas Top