SALIM BABUKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. A. J. Desai waives service of notice or Rule on behalf of the applicant - State.

(2.) APPLICANT, being accused of Sessions Case No. 14 of 2006, came to be convicted by learned Additional Sessions Judge, Fast Track Court No. 3, Surendranagar, on 9th of March, 2007, for the offences punishable under Section 395 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 5,000/ -. Including present applicant, in all three accused came to be tried for the offences punishable under Sections 395, 397, 120 (B), 506 (2) and 411 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act. Out of three accused, present applicant, being accused No. 2 and accused No. 3 Harshadbhai @ Kalpeshbhai Mohanbhai Patel, came to be convicted, as aforesaid, for the offences punishable under Section 395 of the Indian Penal Code. While accused No. 1 Irfanali Subhanali Mirza came to be acquitted. Accused No. 2 - present applicant preferred Criminal Appeal No. 822 of 2007 against his conviction, which is Admitted by this Court.

(3.) THIS Application is preferred by the applicant " appellant under Section 389 of the Code of Criminal Procedure, 1973, for suspension of sentence and to release him on bail during pendency of Appeal.