SHERKHAN @ NAGRAJ ISMAIL PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 389 of the Code of Criminal Procedure, 1973 by the applicant for grant of regular bail by suspending the sentence imposed upon him vide judgment and order dated 27.09.2017 passed by the learned 4th (Ad hoc) Additional Sessions Judge, Mehsana at Visnagar in Sessions Case No.32 of 2016, whereby learned Trial Judge has convicted and sentenced the applicant-convict for the offences punishable under Sections 507 and 306 of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is innocent person, however, he has been falsely implicated in the alleged offences. It is submitted the learned Trial Court has not properly appreciated the evidence produced on record, and thereby, convicted the applicant in the aforesaid offences. It is also submitted that the criminal appeal preferred by the the applicant is admitted by this Court and the applicant is having fair chances to succeed in appeal, but on account of pendency of old criminal appeals, chances of early final hearing of the criminal appeal are very less. Learned advocate for the applicant, upon instructions, states that without prejudice to rights and contentions of both the sides, the applicant is ready and willing to deposit Rs.25,000.00 towards compensation to the parents of the deceased before the concerned trial Court within a period of two weeks from the date of his release on bail, and the applicant has no objection, if the said amount of compensation is disbursed in favour of the parents of the deceased. It is also stated that the applicant will not claim refund of the aforesaid amount, if he is acquitted in future. But, such concession given by the applicant may not be treated as admission of guilt on the part of the applicant as it is without prejudice to rights and contentions of both the sides. It is further submitted that the applicant is having roots in Ahmedabad District and also having responsibility towards his family, and therefore, there is no likelihood to his run away and his presence can be secured at the time of hearing of the appeal by imposing suitable conditions. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, looking to the facts and circumstances, the applicant may be enlarged on regular bail by suspending the sentence imposed upon him by the learned Trial Court, during pendency of the Criminal Appeal.