(1.) RULE . Mr. L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent -State. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
(2.) The present application u/s. 389 of the Code of Criminal Procedure has been preferred by the applicant herein - original accused, who is convicted for the offence punishable under Section 304 Part -II of the Indian Penal Code and sentenced to undergo 10 years R.I., to suspend the sentence and to release him on temporary bail.
(3.) MR . Pratik Barot, learned advocate appearing on behalf of the applicant herein - original accused has stated that as such the applicant was suffering from mental disorder and was taking treatment. Otherwise, no father/ husband killed the wife and daughter. He has also submitted that as such this is not a fit case for imposing maximum punishment awarded u/s. 304 Part -II of the Indian Penal Code. Therefore, it is requested to allow the present application and to suspend the sentence and to release the applicant on temporary bail.