(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Leave to correct the cause title.
Rule.
Mr.Pandya, learned APP waives notice of Rule.
All the applications are for suspension of sentence and regular bail by the convicts pending the final hearing of the appeals. As in all the main appeals as well as the present applications, the judgment is common, they are being considered simultaneously by this common order.
We have heard Mr.Adesara for the applicants-appellants and Mr.Pandya, learned APP for the State.
When the Court was not inclined to suspend the sentence and release on regular bail for the original accused nos.5, 1, 2 and 8, applicants-appellants of the concerned applications-appeals, Mr.Adesara, learned counsel prays that he is not inviting a reasoned ordered and is not pressing for those accused-applicants. Under the circumstances, Criminal Misc. Application No.235/12 as well as Criminal Misc. Application No.958/12 shall stand dismissed for accused nos.5, 1, 2 and 8.
However, so far as original accused nos. 3 and 4, applicant of Cr. Misc. Application No.237/12 and co-applicant of Cr. Misc. Application No.958/12 respectively are concerned, it prima facie appears to us that though there is reference to their presence in the oral say of the eye witnesses and also injured eye witness, but there is no corroboration of their presence in the scientific evidence of FSL as well as serological report inasmuch as no blood stain is found from the cloth of A3 and A4.
Under these circumstances, the sentence imposed upon for A3 Sharad Giga Makwana and A4 Mansukh Devshi Makwana is suspended and they be released on regular bail on the following conditions-
that each of them shall furnish bond of Rs. 25,000/- and one surety of like amount.
that they shall surrender the passport if any.
that they shall not misuse their liberty while on bail.
Criminal Misc. Application No.237/12 shall stand allowed and Criminal Misc. Application No.958/12 for accused no.4-applicant no.3 in the said application shall stand partly allowed. Rule made absolute to the aforesaid extent only. D.S.
Criminal Misc. Application No.235/12 shall stand dismissed. Rule discharged.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top