KANUBHAI FATESINH PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR.B.B.Naik, learned Senior Advocate for the applicants submits that due to inadvertence, the prayer for suspension of the sentence along with grant of bail has inadvertently not been made. He prays for permission to amend the prayer-clause at paragraph-5(A). Leave to amend the prayer-clause, is granted. The necessary amendment be carried out, forthwith.

(2.) RULE. Mr.N.J.Shah, learned Additional Public Prosecutor waives service of notice of Rule for the respondent-State of Gujarat. On the facts and in the circumstances of the case, the application is being heard and finally decided today.

(3.) IT is submitted by the learned Senior Advocate that the applicants are not in a good financial condition, therefore, they have not paid the amount of fine. It is further contended that the applicants have never been released on bail by the Trial Court throughout since their arrest. It is further submitted that the applicants undertake to be available during the hearing of the appeal, therefore, the prayers made in the application may be granted and the applicants may be released on bail pending appeal, and their sentences may be suspended.