VIJAYSINH DHUDABHAI PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. C.M. Shah, learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent-State.

(2.) Applicant Dhudabhai Padhiyar (Darbar), has moved this application seeking suspension of sentence under the Code of Criminal Procedure. He has challenged the judgement and order passed by the learned 7th Additional Sessions Judge, Palanpur in Special Atrocity Case No.27 of 2017, whereby, he has been sentenced for life under Sec. 302 and 120(B) of the Indian Penal Code with penalty.

(3.) Applicant has moved this application on the ground that he was granted regular bail by the learned 6 th Additional Sessions Judge, Palanpur on 28/2/2019 during the course of trial. According to him, there is no role virtually of his in this entire incident, except that the incident has taken place in his hotel, which is known as Aye Mata Hotel, which is situated at Vernnama, District: Vadodara. It is further his say that he had nothing to do with the person, who is alleged to have been instrumental in the couple eloping without the knowledge of the parents on both the sides. It is also further urged that as he was already granted bail by the Court, the same parameters be made applicable for him to be enlarged on regular bail by suspending the sentence awarded by the Court concerned.