THAKOR PARBATJI KANAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 389 of the Code of Criminal Procedure, 1973 by the applicant-convict for suspension of sentence imposed upon him vide judgment and order dated 30.06.2016 passed by the learned Third Additional Sessions Judge, Mehsana at Visnagar, in Sessions Case No.13 of 2015, whereby the learned Sessions Judge has convicted the applicant for the offence punishable under Section 307 read with Section 114 of the Indian Penal Code and sentenced him to undergo five years rigorous imprisonment with a fine of Rs.2,000/-, in default, to further undergo one month imprisonment and for the offence under Section 326 read with Section 114 of Indian Penal Code, the applicant is directed to undergo three years simple imprisonment with a fine of Rs.2,000/-, in default, to further undergo six months simple imprisonment and for the offence under Section 324 read with Section 114 of Indian Penal Code, the applicant is ordered to undergo one year simple imprisonment and to pay fine of Rs.1000/-, in default, to further undergo three months simple imprisonment.

(2.) Heard the learned advocate for the applicant as well as learned APP for the respondent-State.

(3.) The learned advocate for the applicant submits that the applicant is an innocent person, however, he has been wrongly implicated in the alleged offences. It is submitted that the role attributed to the applicant as per the FIR is that he has given stick blow on the nose and near eye portion of the injured person. It is submitted that the learned trial Court has not properly appreciated evidence on record and thereby the applicant has been convicted and sentenced for the offence as stated above. He further submits that the applicant was in jail since last one year. The appeal preferred by the applicant is admitted by this Court, but chances of early final hearing of present criminal appeal on account of pendency of old criminal appeal, are very less. He further submits that the applicant is having responsibility towards his family and is not likely to run away and abscond and his presence can be secured by imposing suitable conditions as deemed fit by this Court. The learned advocate for the applicant submits that the applicant, without prejudice to his rights and contentions, will deposit an amount of Rs.15,000/- before the trial Court concerned within a period of two weeks from his release and he has no objection, if the said amount is disbursed in favour of the injured person. It is also submitted that the applicant will not claim refund of the said amount in case, if he succeeds in appeal and is acquitted. However, he submitted that the deposit of the aforesaid amount may not be construed as admission of guilt on the part of the applicant. It is further submitted that the applicant will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach.