CHAUDHARY NILESHBHAI GANESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application preferred under section 389 of the Code of Criminal Procedure, 1973, the applicant has prayed for regular bail by suspending the sentence pending main appeal being Criminal Appeal No.1787 of 2017, in connection with the judgment and order of conviction and sentence dated November 22, 2017, passed by the learned 4th Additional Sessions Judge, Mehsana, in Sessions Case No.49 of 2016, whereby the learned Judge convicted the applicant for the offence punishable under section 395 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for four years and a fine of Rs. 10,000/ and in default to undergo simple imprisonment for six months; and also convicted him for the offence punishable under section 120B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and fine of Rs. 5,000/ and in default to undergo simple imprisonment for three months; and further ordered to run both the sentences concurrently.

(2.) This Court has heard Shri M.C. Barot, learned counsel appearing on behalf of Shri Tejas Barot, learned counsel appearing for the applicant, who has urged that the applicant has got a little child who is suffering from heart ailment and this Court (Coram : A.J. Desai, J.) vide order dated January 12, 2017, while dealing with Criminal Miscellaneous Application No.1031 of 2017, had granted temporary bail on that count. Of course, the learned counsel appearing for the applicant has admitted that at present he is unable to produce any document in that respect.

(3.) Shri K.P. Raval, learned Additional Public Prosecutor appearing for the respondentState, has objected to grant the present application by urging that it was a loot of serious kind and the applicant was the conductor in the State Road Transportation Bus. The conspiracy has been duly proved by the prosecution and, therefore, bearing in mind the role attributed to the applicant, no leniency be shown in favour of the applicant.