Gujarat High Court
Hajaribhai Velabhai Suthar vs State Of on 14 August, 2013
Author: Akil Kureshi
Bench: Akil Kureshi
HAJARIBHAI VELABHAI SUTHAR....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/10810/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 10810 of 2013 In CRIMINAL APPEAL NO. 78 of 2011 ================================================================ HAJARIBHAI VELABHAI SUTHAR....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: MS SADHANA SAGAR, ADVOCATE for the Applicant(s) No. 1 MS HANSA PUNANI, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE R.P.DHOLARIA Date : 14/08/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The applicant seeks suspension of sentence and bail pending appeal. He has been convicted for offence under section 489C of the IPC and sentenced to rigorous imprisonment of seven years. His jail record suggests that he has already served out a sentence of more than three years and eight months including the set-off period. During such period, he has also enjoyed temporary bail and furlough leave and always surrendered on time.
In addition to this being a fixed term sentence, the applicant having served out more than half the sentence, there being no possibility of hearing the Criminal Appeal in the near future, as rightly pointed out by the counsel for the applicant the co-accused under similar circumstances has been granted regular bail by the Supreme Court under an order dated 28.1.2013, we are inclined to suspend the sentence and grant regular bail.
Under the circumstances, sentence of the applicant in judgement dated 18.12.2010 in Sessions Case No.102/2009 is suspended. The applicant shall be released on bail pending appeal on furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount on following conditions:
he shall not leave the State of Gujarat without the permission of the trial Court.
shall make himself available before the Court as and when so directed.
shall surrender the passport, if any.
Application is disposed of. Rule made absolute accordingly.
Direct service is permitted.
(AKIL KURESHI, J.) (R.P.DHOLARIA,J.) raghu Page 3 of 3