ABDULHAFIZ A.MAJID CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule on behalf of respondent-State.

(2.) In this application under Section 389 of Code of Criminal Procedure, 1973, prayer is to suspend the sentence and grant regular bail to the convict for the offence under Sections 376 , 377 , 511 , 506(2) of Indian Penal Code pursuant to the judgement and order of conviction and sentence dated 16.7.2015 passed by learned trial Court. It is pertinent to note that while recording the conviction under above offences sentence of 7 years of RI with fine of Rs.10,000/- is imposed for the offence under Section 376 of IPC, for the offence under Section 377 and 511 of IPC sentence was for 5 years of RI with fine of Rs.7500/- and in default six months RI, and for 506(2) of IPC sentenced for 2 years with fine of Rs.2500/- and in default to undergo 3 months RI and further no specific order was passed that all the sentences would run concurrently and therefore presumably such sentences would run consecutively and collectively the accused is sentenced for 14 years.

(3.) For our perusal relevant record is made available to appreciate the testimonies of victim recorded in camera P.W.2 along with medico legal evidence and other circumstances but Mr.Kharadi, learned counsel for the applicant at this stage has contended that since arrest of the applicant on 28.11.2011 by this time he has suffered the sentence of 6 years and 1 month and his jail conduct is satisfactory. The above fact is verified by jail remarks dated 24.1.2018. It is further submitted that in the appeal preferred against the conviction and sentence so ordered, it is also prayed that learned trial Judge ought not to have awarded the sentence to undergo consecutively but should have ordered to run concurrently. Besides, the appeal is not likely to be heard in near future and accordingly it is submitted that prayer be considered for grant of bail by suspending the sentence.