RAJIVBHAI BIHARIBHAI ABHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, filed under Section 389 of the Code of Criminal Procedure, 1973, the applicants have prayed to suspend the sentence imposed upon them vide order dated 31st March, 2011 passed by the learned Additional Sessions Judge (F.T.C. No. 1), Bhavnagar, in Sessions Case No. 93 of 2007 and to release the applicant-original accused Nos. 1 to 4 on bail during the pendency of the appeal.

(2.) The learned Additional Sessions Judge (F.T.C. No. 1), Bhavnagar, by his judgment and order dated 31st March, 2011 convicted the applicants for the offences punishable under Section 306 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of five years, and also imposed fine of Rs. 5,000 to each of the applicants, and in default of payment of fine, sentenced them to undergo simple imprisonment for a further period of one year. The applicants were also convicted for the offence punishable under Section 498(A) of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year, and also imposed fine of Rs. 1,000 to each of the applicants, and in default of payment of fine, sentenced to undergo simple imprisonment for a further period of 30 days. The applicants were also convicted for the offence punishable under Sections 3 and 7 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for a period of five years, and also imposed fine of Rs. 15,000, and in default of payment of fine, sentenced to undergo simple imprisonment for a further period of one year.

(3.) Heard Mr. K.B. Anandjiwala, learned Counsel for the applicants and Mr. R.C. Kodekar, learned Additional Public Prosecutor for the respondent-State.