RAJESHKUMAR RAMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under Sec. 389(1) of the Code of Criminal Procedure seeking suspension of sentence pending appeal for releasing the applicant on bail. He is the original accused in Sessions Case No. 06 of 2017 conducted by the learned 2nd Additional Sessions Judge, Modasa, Aravalli for the offences punishable under Ss. 302 , 394 and 201 of the Indian Penal Code. By judgment and award of the conviction dtd. 30/11/2019, the applicant is directed to undergo the sentence of life imprisonment for the offence under Sec. 302 of the Indian Penal Code.

(2.) Aggrieved applicant has preferred an appeal and also has moved this application for suspension of sentence during the pendency of the appeal.

(3.) The case of the prosecution is to the effect that on 8/10/2016 with a pre-planned loot of the gold ornaments, the applicant had called the nephew of the complainant Dhruv Jayesh Soni and under the pretext of watching Television has strangulated him from behind and his ornaments were allegedly looted and the dead body was attempted to be destroyed which was found from a canal in a gunny bag where it was thrown in the wee hours by the applicant.