MAHENDRA BHOGILAL TADVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred under Section 374 of the Code of Criminal Procedure, against the judgement and order of conviction and sentence dated 26th October, 1993 passed by learned Additional Sessions Judge, Bharuch in Sessions Case No. 11 of 1993, whereby the present appellant has been convicted for an offence punishable under Section 302 of the Indian Penal Code, whereby the appellant was ordered to undergo rigorous imprisonment for life and to pay a fine of Rs. 250/ -, in default, further simple imprisonment of one month. The appellant under Section 498 (A) of the Indian Penal Code and ordered to undergo simple imprisonment for six months and to pay a fine of Rs. 250/ -, in default, further simple imprisonment of one month has been awarded. Both the Sentences were ordered to be run concurrently.

(2.) Brief facts of the present case are as under :

(3.) Learned counsel for the appellant submitted that the appellant isabsconding since 6th December, 2000. An application was preferred in the pending criminal appeal for temporary suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, and Division Bench of this Court vide order dated 16th October, 2000 had suspended sentence for a period of 45 days running from 22nd October, 2000 to 5th December, 2000 and enlarged the appellant on bail upon his executing personal bond in sum of Rs. 2,000/ -. The appellant was also directed to report at Chanod Police Station on every 1st and 15th day of every English calender month between 11 a.m. to 5.00 p.m. Thus, the appellant had to surrender before the jail authority on 6th December, 2000, but, he is absconding since then. Jail remarks of the appellant, tendered by learned Additional Public Prosecutor, is taken on record of the case. Learned Additional Public Prosecutor Mr. Jani submitted that initially also, the appellant was granted furlough leave for a period of 14 days from 24th April, 1996. At that time also, he was absconding and he was arrested by the police after 30 days, after completion of period of furlough leave of 14 days.