MAHESH LAKHABHAI JOGI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Upon instructions received from his client, learned advocate for the applicants has not pressed this application for applicant no.3-original accused no.3.

(2.) Rule. Ms.Pathak, learned APP waives service of notice of rule on behalf of respondent-State of Gujarat.

(3.) In this application under Section 389 of the Code of Criminal Procedure, applicant nos.1,2 and 4-original accused nos.1, 2 and 5, who are convicted for the offences under Sections 302 , 307 , 323 , 143 , 147 , 148 and 149 of the Indian Penal Code and sentenced for life imprisonment and ten years respectively and fine etc. have prayed for suspension of sentence and grant of bail on the ground of doubtful version in testimony of injured eye-witness, PW-2, who also happens to be the complainant.