MAHMAD SHAFI @ SONU NURMAHAMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Shruti Pathak, learned Additional Public Prosecutor wavies service of notice of rule on behalf of respondent - State of Gujarat. Heard Mr. Aamirkhan Patha, learned advocate for the applicant and Ms Shruti Pathak, learned Additional Public Prosecutor for the respondent.

(2.) The applicant - original accused No.3 has preferred this application under Section 389 of the Code of Criminal Procedure, 1973 with a prayer to suspend the sentence and to grant bail pending criminal appeal filed by him against the judgment and order dated 31.08.2015 passed by the learned Additional Sessions Judge, Court No.15, Ahmedabad in Sessions Case No.150 of 2011 convicting him and other accused under Section 302 read with Section 120B, etc. of the Indian Penal Code and ordering to undergo life imprisonment, fine, etc.

(3.) Mr. Aamirkhan Pathan, learned counsel for the applicant would contend that, earlier in the year 2015 the applicant preferred application with similar prayer, which came to be withdrawn with liberty to re apply for bail after receiving R & P and thereafter two other accused - co convicts - original accused Nos.4 and 5 were considered for bail by this Court by suspending sentence vide order dated 27.10.2015 passed in Criminal Misc. Application No.17304 of 2015. In the said case also, a convict, who caused injuries to an intervenor and not upon the deceased was considered by this court and in this application also accusation against the applicant is pertaining to inflicting injuries upon one Bashir by pipe on three different parts of the body for which injured came to be discharged from hospital on the next day. Learned counsel for the applicant has also taken us through discussion with regard to role attributed to the applicant in the context of charge framed under Section 302, 120B, etc. of the Indian Penal Code and it is submitted that the very question about conviction is under challenge by the applicant and other convicts, which can be considered at the stage of final hearing and at this stage for the purpose of suspending the sentence and grant of bail the above submissions be considered.