SANTOSHKUMAR SHREERAMSINH MALVI (DALIT) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is at the instance of a convict accused with a prayer for suspension of the substantive order of sentence passed by the Additional Sessions Judge, Anjar - Kutch vide judgment and order dated 01/04/2017 passed in the Sessions Case No.41 of 2015.

(2.) We take notice of the fact that in all three accused were put on trial in the Court of the IVth Additional Sessions Judge, Anjar at Kutch for the offence punishable under Sections­302 r/w. 120B of the IPC and Section­135 of the Bombay Police Act. The trial Court convicted two of the accused persons, which includes the applicant herein. The third accused viz.Shivasingh Shrisarovarsingh came to be acquitted of all the charges.

(3.) The entire case hinges on the circumstantial evidence. The learned counsel appearing for the applicant­convict pointed out that the co­ convict viz. Ramanbhai Dahyabhai Rana has preferred the Criminal Appeal No.816 of 2017 before this Court and the same has been admitted. It is further pointed out that the said co­convict has been ordered to be released on bail by the co­ordinate bench vide order dated 28/11/2017 passed in the Criminal Misc. Application No.15157 of 2017. In such circumstances, the learned counsel prays that the applicant herein may also be released on bail by suspending the substantive order of sentence.