ANASBHAI HABIBBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been preferred to quash and set aside the judgment and order dated 21.12.2013 by the 9th Additional Sessions Judge, Bhavnagar at Mahuva Camp in Sessions Case No.169 of 2012, whereby, appellant has been convicted for the offences punishable under Sections 307, 333 and 427 of I.P.C. The appellant has been imposed sentences of rigorous imprisonment of five years and fine of Rs.1,000/and in default, simple imprisonment for one month for the offences under Section 307 of I.P.C. and for offences under Section 332, further sentence of simple imprisonment of one year and fine of Rs.500/with a condition of simple imprisonment of fifteen days in case of default for payment of fine, whereas, for the offences under Section 427 further imprisonment of one year with fine of Rs.500/with a condition of simple imprisonment of fifteen days in case of default for payment of fine. However, all such conviction and sentences are ordered to run concurrently and period for which appellant was under trial prisoner is to be set off as per the impugned judgment.

(2.) APPELLANT has been arrested on 4.5.2012 and he has never been released on bail through out the trial and even at the time of admission of such appeal in the month of January, 2014. While admitting the appeal, the coordinate bench has already observed that appeal needs to be expedited and while disposing of the application for bail, it is further observed that appellant may move the application for suspension of sentence after 50% of the sentence is undergone. Thereby, petitioner has moved an application for suspension of sentence wherein by order dated 1.9.2014, the coordinate bench has fixed the appeal for final hearing considering the observations made in the month of January, 2014.

(3.) I have heard learned advocate Ms. Sadhana Sagar for the appellant and Mr. L.R. Pujari, learned APP for the respondent at length and perused the record.