The present application is preferred under section 389 of the Cr.P.C. for suspension of sentence. The applicant-appellant is convicted for the offences under section 399 of I.P.C., and is sentenced to undergo four years rigorous imprisonment. and fine of Rs.5,000/- with default stipulation, along with the other accused.
2. In support of the prayer in the present application, learned advocate Mr. Vyas submitted that one of the co-accused was granted bail by this court. He also submitted that out of the total sentence of four years, the applicant has undergone a substantial period in jail. On the other hand, learned A.P.P. Ms. Chetna Shah submitted that the nature of offence is serious so as not to enlarge the applicant on bail.
3. Having heard respective learned advocates, and considering the fact that the applicant has undergone nearly three years period in jail out of sentence of total four years, interest of justice will be met if the applicant is granted bail, pending the appeal, however, with stricter conditions, having due regard to the nature of offence for which he is convicted.
4. Accordingly, the sentence awarded to the applicant-appellant shall remain suspended pending the appeal, and he shall be enlarged on bail, provided the applicant abides by the following conditions:
The applicant shall execute a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) within one week before the trial court.
During the period of enlargement, he shall not leave the limits of Mehsana Police Station.
On Monday every fortnight, he shall mark his presence before the Mehsana Police Station.
Immediately on enlargement pursuant to this order, the applicant shall report to the Mehsana Police Station.
5. A copy of this order shall also be forwarded to the Kheda Police Station. Direct service is permitted. S.O. to 28.12.2012 to report about compliance of reporting to Mehsana Police Station, as per condition no. (iv) above.
(N.V.ANJARIA, J.) sndevu Page 3 of 3