ABDULBHAI RASULBHAI SANDHAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this application under Section 389 of the Code of Criminal Procedure, 1973, original accused no.2-convict for the offence under Section 326 , though charged initially under Section 302 , and sentenced for ten years of rigorous imprisonment and fine of Rs.1,000/- etc. pursuant to the judgment and order dated 10.1.2014 in Sessions Case No.88 of 2012 by learned 2nd Additional Sessions Judge, Surendranagar, prayer is to suspend the sentence and grant bail during the pendency of Criminal Appeal for final hearing.

(2.) Learned advocate for the applicant has invited our attention to the case of prosecution in which persons belonging to both sides of groups of same community had virtually free fight in which even accused and other persons also received injuries on their vital part and the learned trial Judge has believed the role of the present applicant-original accused no.2 of inflicting injury by knife on thigh of the deceased, Haluben, while convicting original accused no.1 under Section 302 of IPC as his role was believed in inflicting a Dhriya blow on head of the deceased and convicted for life imprisonment.

(3.) It is submitted that reasons assigned for not convicting the present applicant under Section 302 by learned trial Judge and sentencing him for ten years and fine etc. are based on appreciation of overall evidence, no doubt appeal is preferred by the State of Gujarat challenging such conviction of the applicant, but at the same time, the applicant herein is in jail for about more than five and a half years and at present final hearing of the appeal is not likely to take place in the near future by imposing condition may be considered.