BHARAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Dharmesh Devnani, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State, Mr. R.C. Kodekar, learned Special Public Prosecutor, waives service of notice on behalf of respondent No. 2-SIT and Mr. M.M. Tirmizi, learned advocate, waives service of notice on behalf of the original complainant.

(2.) By way of present successive application under Sec. 389 of the Code of Criminal Procedure, 1973, the applicant has sought suspension of his sentence imposed by the learned Special Judge, Designated Court for Speedy Trial of Riot Cases (Gulburg Society, Ahmedabad) vide judgment and order dtd. 17/6/2016 passed in Sessions Case No. 152 of 2002 connected with Sessions Case Nos. 167 of 2003, 279 of 2003, 190 of 2009, 191 of 2009, 193 of 2009, 194 of 2009, 195 of 2009 and 279 of 2009 and to release the applicant on bail during pendency of Criminal Appeal No. 1215 of 2016.

(3.) Mr. Dharmesh Devnani, learned Additional Public Prosecutor has appeared for respondent-State, Mr. R.C. Kodekar, learned Special Public Prosecutor has appeared for the respondent No. 2-SIT and Mr. M.M. Tirmizi, learned advocate appeared for the original complainant and assisted the Court. Further, learned advocate appearing for the applicant has also produced paper book containing relevant documents in support of his case.