JENTIBHAI BACHUBHAI DODIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of not ice of rule on behalf of respondent - State of Gujarat.

(2.) In this application filed under Section 389 of the Code of Criminal Procedure ,1973,the prayer is to suspend sentence and grant bail pending criminal appeal against the judgmentand order dated 29.09.2014 passed by the learned Additional Sessions Judge ,CourtNo.8,Bhavnagar in Sessions Case No.81 of 2013 convicting the applicant under Section 302 and sentencing him to undergo rigorous life imprisonment and to pay fine of Rs.5,000/­ in default to further under go RI for 1 year. The applicant was further convicted under Section 324 of the IPC and sentenced to undergo 1 year RI and fine of Rs.1,000/ ­in default to further under go 6 months RI. The applicant was further convicted under Section 135 of the Gujarat Police Act and sentenced to undergo 6 months SI and fine of Rs.500/­ in default to further undergo 1 month SI. All the sentenced were ordered to run concurrently.

(3.) Learned counsel for the applicant has invited our attention to the case of the prosecution, which has genesis in the incident which took place on11.01.2013 inwhich accused were abusing and the complainant - Sanjay Mokaliya prevented them and in turn enraged by such conduct of the complainant, accused in ficted a knifeb lowon complainant and mother of the complainant intervened who received injuries on fingers of left hand and a witness named Prabhubhai also tried to intervene, who received grievous injuries on buttock by knife. Even the complainant received astick blow, but injured Prabhibhai ­ intervener died at Sir T. Hospital, Bhavnagar after 9 days and the concerned doctor conducting postmortem report opined about nature of injuries and cause of death was injury by knife and complications arising out of such injuries. It is further submitted that the applicant had no intention to kill intervenor Prabhubhai and theevidence in detail can be looked intoat the stage of final hearing of the appeal and considering the fact that the applicant is injail since his arreston 17.01.2013, he may be enlarged on bail by suspending the sentence during the pendency of appeal.