Gujarat High Court: In an application filed for suspension of sentence and release on regular bail under Section of the (‘CrPC’) against the judgment and order of conviction dated 07-03-2024 passed by the Additional Sessions Judge, Mehsana, whereby the accused persons were sentenced to life imprisonment (rigorous) as well as simple imprisonment along with fine for offences punishable under Section 302 read with Section of the (‘IPC’) and Section of the , a Division Bench of Ilesh J. Vora and S.V. Pinto*, JJ. stated that the chance of the appeal being heard in near future was extremely remote and suspended the sentence of the convicts during the pendency of the appeal, thereby enlarging them on bail subject to certain conditions.
Background
The applicants in the present matter submitted that on 12-02-2020, the father of the deceased (complainant), received a call from Naroda Police Station stating that his son had been arrested. The next day he received a call whereby he was informed that his son had passed away. Upon reaching the hospital, the complainant came to know that his deceased son allegedly succumbed to physical and mental torture inflicted by the applicants.
The applicants further submitted that the Trial Court, while passing the conviction order dated 07-03-2024, had failed to appreciate the fact that they had not been identified by any person and that their identification was only based on assumptions.
The applicants informed the Court that the deceased had committed an act of misconduct and had escaped from the Zonal Safety Home. He was caused hurt after his custody was regained but it was neither grievous nor sufficient to cause death. It was also mentioned that the applicants had given Rs. 5,00,000/- each to the father of the deceased and an amount of Rs. 15,00,000/- had been given to him as compensation.
Analysis
The Court found that according to the medical officer, who conducted the medical examination and post-mortem of the deceased, the external injuries were simple skin-deep or muscle-deep and the individual injuries were not sufficient to cause death. It was noted that the medical officer had admitted that he did not opine as to whether the injuries were sufficient to cause death in his post-mortem note.
After considering the peculiar facts and circumstances of the case as well as the backlog of pending appeals, the Court stated that the chance of the appeal being heard in the near future was extremely remote. Further considering the role attributed to the convicts, the evidence against them, and the fact that they had been in custody for a long time, the Court held that it was a fit case for the grant of suspension of sentence and bail during the pendency of their appeal against conviction.
Accordingly, the Court allowed the application and ordered the convicts to be released upon furnishing a bail bond of Rs 25,000, subject to the following conditions:
They shall not take undue advantage of liberty or misuse liberty;
They shall not leave India without prior permission of this Court;
They shall furnish their present address to the Court concerned at the time of execution of the bail bond and shall not change their residence without prior permission of this Court;
They shall maintain law and order;
They shall not indulge in any activity leading to the breach of public peace and tranquillity;
They shall deposit the fine imposed on them under the judgment and order of conviction, if not deposited, before their release.
[Vishnukumar Laxmanbhai Prajapati v. State of Gujarat, Criminal Miscellaneous Application No. 2152 of 2024, decided on 03-12-2024]
*Order Authored by Justice S.V. Pinto
Advocates who appeared in this case:
For the applicants: Ankit M Modi and Kishan R Chakwawala
For the respondent: Rajesh R Dewal and APP Jay Mehta
Section of the
Section of the
Section of the
Buy Code of Criminal Procedure, 1973
Buy Penal Code, 1860
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