BHARATBHAI PARBATBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) When the matter was called out, nobody was appeared on behalf of the respondent No. 2 to contest this application. As per report of 3rd Additional Sessions Judge, Gir-Somnath @ Veraval dtd. 28/1/2022, it is stated that respondent No. 2 has been informed through notice, as per report of Veraval police station.

(2.) This application is filed by the applicant praying for suspension of sentence awarded to the applicant vide order dtd. 6/12/2021 below Exh. 45 in Atro Case No. 12 of 2019 by learned 3rd Additional Sessions Judge, and Judge, Special Court (Atrocity Act), Gir Somnath @ Veraval and also requested to enlarge the applicant on bail till the hearing and final disposal of the above captioned Criminal Appeal.

(3.) Learned advocate for the applicant submits that learned Judge has not appreciated the documentary evidence and oral evidence produced on record in its true spirit and thereby, has committed miscarriage of justice by convicting the applicant. That, the court below has also committed serious error of law by framing defective charge against the accused persons and thereby on the basis of such defective charge, accused has been tried and convicted, and therefore, conviction is not at all sustainable. That, maximum punishment under Sec. 323 of IPC is one year and under the Atrocities Act, the maximum punishment u/s. 3(1)(r)(s) is for two years along with fine amount. That, amount of fine was already deposited by the present applicant. That, applicant was enlarged on bail during the trial. He has requested to enlarge the applicant on bail till the hearing and final disposal of the captioned Criminal Appeal.