1. This application is preferred by the applicants with a prayer to suspend the sentence and be released to the applicant on bail.
2. The applicant is convicted and sentenced by the learned 3rd Additional Sessions Judge, Mahesana Camp at Visnagar by his judgment and order dated 13.2.212 passed in Sessions Case No.38 of 2011, whereby he convicted and sentence the applicants to suffer R.I. for five years and fine of Rs.10,000/-, in default, to further undergo 3 months S.I. for the offences punishable under Sections 326 and 114 of the Indian Penal Code. The applicants are ordered to undergo R.I. for five years and fine of Rs.10,000/-, in default, to further undergo 3 months S.I. for the offences punishable under Sections 307 and 114 of the Indian Penal Code.
3. Learned advocate Mr. Y.M. Thakor for the applicants submitted that the applicants are in jail since 27.11.2010 and considering the sentence imposed by the learned Sessions Court, the applicants may be released on bail. As against learned APP Mr. Jani submitted that the applicants are involved in the serious offence and looking to the injuries caused to the victim, the bail is not required to be granted.
4. Lastly, learned advocate Mr. Thakore seeks permission to withdraw the application with a liberty to file afresh, if the appeal is not heard within short time.
5. Permission is granted. The application is disposed of as withdrawn with the liberty to file afresh, if the Appeal is not heard within one year.
(Z.K.SAIYED,J.) ynvyas Top