ALIFKHAN@ BHURO IMTIYAZKHAN AIYUBKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of the respondent-State.

(2.) In this application under Section 389 (1) of the Code of Criminal Procedure, 1973 the applicant-convict-original accused no.4 has prayed for suspension of sentence and to release him on bail during pendency of Criminal Appeal arising out of his conviction in Sessions Case No.5 of 2013 by judgment and order dated 12.8.2016 passed by learned 5th Additional Sessions Judge, Mehsana at Visnagar. 2.1 The applicant, however, came to be acquitted from the charges for the offences under Section 120-B of IPC and the Arms Act . Out of 19 accused, 11 have been acquitted, five including the present applicant came to be convicted, two are absconding and against one trial has been stayed.

(3.) Heard learned advocate Mr.Nirag Buch for the applicant and learned APP, Ms.Maithili Mehta for the respondent-State of Gujarat.