SAIYED ASLAMMIYA MUNIRMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms.Chetna Shah, learned Additional Public Prosecutor waives service of notice of Rule for respondent No.1-State of Gujarat. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the application is being heard and finally decided, today.

(2.) THE applicant is original accused No.3 of Sessions Case No.43/2010. The applicant has been convicted for the offences punishable under Sections 147, 148, 188 and 504 of the Indian Penal Code and Section-135 of the Bombay Police Act, vide judgment and order dated 27.06.2012 of the Sessions Court, Mehsana (Camp at Visnagar). The applicant has filed the present application under Section-389 of the Code of Criminal Procedure, 1973, for suspension of sentence during the pendency and final disposal of the appeal.

(3.) MS.Chetna Shah, learned Additional Public Prosecutor has opposed the grant of the prayers made in the application, but has not come out with any material to show that the applicant has misused his liberty, while on bail during trial.