ASHOK @ GOVINDA BABANSINGH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms Shruti Pathak, learned APP waives service of notice of Rule on behalf of the respondent-State.

(2.) In this application under Section 389 of the Code of Criminal Procedure, 1973 the prayer is to suspend the sentence and grant regular bail to the applicant-accused who was convicted under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs.1000/- in default of payment of fine to further undergo 2 months simple imprisonment.

(3.) Ms Sadhana Sagar, learned advocate for the applicant herein has invited our attention to the case of the prosecution whereby the complainant, father of the deceased, inter alia stated that the deceased, whose marriage was performed before four years, and out of the wedlock a daughter was born and all of them were residing together and on the day of the incident, the appellant had a quarrel with the persons and in the aforesaid incident one Govinda - the applicant herein had assaulted and it has resulted into conviction at the end of the trial. But the evidence considered and found reliable by the learned trial judge is that of one Haresh @ Haru Hasandas, PW No.3 for supporting the case of the prosecution in the back drop of his statement, which was recorded under section 164 of the Code of Criminal Procedure. By inviting our attention to the nature of injuries, usage of sword or knife or cause of death, but at the same time, it was submitted that another witness - Mukesh Anandrav Maratha, PW No.4, a common friend and was present at the scene of offence has not supported the case of the prosecution. The applicant is in jail for about 7 years and the hearing of appeal would take considerable period and therefore, the case of the applicant can be considered for bail by suspending the sentence.