(1.) THIS appeal under Section 374 of the Code of Criminal Procedure has been preferred by the appellant/applicant -original accused no.2 viz., Pravinkumar Dasrathbhai Sankalchand Kadia, who has been convicted to undergo life imprisonment and fine of Rs.5,000/ -, in default, to undergo S.I. for one year for the offence under Section 120(B) read with Section 302 Indian Penal Code and also convicted to undergo two years R.I. and fine of Rs.5,000/ -, in default, to undergo S.I. for one year for the offence under Section 396 of the Indian Penal Code by the learned 2nd Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.71 of 2004 vide judgment and order dated 07.10.2006.
(2.) AGAINST the aforesaid judgment and order of conviction and sentence, the present appellant/applicant has preferred the above referred Criminal Appeal which has been admitted on 07 -08 -2007. Along with the appeal, he has also preferred an application being Criminal Misc. Application No.2750 of 2007 under Sec.389 of Cr.P.C. through learned counsel for releasing him on bail, pending hearing and final disposal of his appeal.
(3.) THIS Court has heard learned counsel for the appellant/applicant, Mr.J.M.Barot and the learned Addl. Public Prosecutor.