PATEL BHAGIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Patel, learned APP waives service of rule. By consent of the counsel appearing in the matter rule is fixed forthwith.

(2.) Heard Ms. Kapadia for the applicant and learned APP Mr. Patel, who in turn has taken us through the application and the judgment under challenge by which the trial court has convicted the applicant - appellant no.3 (Original accused No.4) for the offence under section 498-A read with 114 of I.P. Code as well as for the offence under section 306 read with section 114 of I.P. Code. The applicant was ordered to suffer R.I. for 3 years for the offence under section 498-A read with section 114 of I.P. Code and Rs.500/- fine, in default of fine further simple imprisonment for 20 days. The Trial Judge has further ordered to suffer R.I. for 9 years for offence under section 306 read with section 114 of I.P. Code and fine of Rs.1000/-, in default simple imprisonment for 2 months; and the sentences were ordered to run concurrently.

(3.) It is the submission of Ms. Kapadia that this Court after considering the case admitted the appeal of the accused persons. Ms. Kapadia has however submitted that, at present this application is filed only for present applicant - appellant no.3 (original accused no.4) Patel Bhagiben for releasing her on bail on the peculiar facts that the applicant is at present pregnant and is an young lady aged 21 years. In ground (D) of the application it is stated that the applicant is of 21 years of age and she is pregnant. Though medical papers of the applicant is stated to have been annexed with the application, same is not found to be part of the application. Therefore, Ms. Kapadia has submitted the original case papers of applicant from the treating doctor at Visnagar, i.e. Dr. Girish S. Patel, Gynecologist, pathology report dated 30-7-2004 and sonography report to the Court. It is further submitted by Ms. Kapadia that the applicant was on bail during trial and it is only after her conviction she was taken in custody. Ms. Kapadia has accordingly prayed that the applicant be released on bail.