VINOD SESHRAO PALASAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Maithili Mehta, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent No.1.

(2.) This application under Section 389 of the Code of Criminal Procedure, for bail and suspension of sentence pending Criminal Appeal filed against the judgment and order of conviction by the learned Sessions Judge, Court No.1, Ahmedabad City in Sessions Case No.305 of 2007 along with Sessions Case No.11 of 2009 and 56 of 2009 whereby the applicant along with other accused came to be convicted for the offence under Section 143 , 147 , 148 , 326 , 307 , 302 and 120(B) read with Section 114 of IPC and sentence for life imprisonment and fine etc.

(3.) At the outset, learned senior counsel Mr. Lakhani appearing for the applicant would contend that while considering the case of other co-convicts, who were attributed with inflicting injuries on one Mukesh, not on deceased were considered for similar relief, and in the order dated 04.02.2016 passed in Criminal Misc. Application No.23899 of 2015 for regular bail in the case of Durgavijay, co-convict, prima facie, a Division Bench of this Court has almost considered testimony of injured witness Mukesh and other attending circumstances for the purpose of suspension of sentence and grant of bail and the applicant herein may also be considered in view of the fact that he is in custody since September, 2014 and appeal filed by him against the conviction is likely to be heard in near future.