Gujarat High Court: A Division Bench comprising of Anant S. Dave and Biren Vaishnav, JJ., allowed a regular bail application along with the order of the suspension of the sentence.
The present application was preferred under Section 389 CrPC for the suspension of sentence and grant of bail for the offences punishable under Sections 302, 307, 324, 452, 118 and 114 IPC including a sentence for rigorous imprisonment for life with fine.
It was contended that both the petitioners who were convicts, were only seen abusing, instigating and giving fist blows, none of which constituted towards the injury conferred on the deceased or the injured person by any weapon of assault. Also, the witnesses present confirmed the same. Further, one of the cross-complainants was herself convicted under Section 323 of IPC and thus this version of the alleged allegation cannot be taken into consideration on the account of being untrustworthy. Hence the two incidences that took place on the same date and the nature of quarrel presuppose the involvement of both the parties.
The Court was of the view that the nature of testimonies implicated the petitioners for a limited role and prima facie, no clear or specific role of both the petitioners could be surfaced on record. Accordingly, the court deemed it just and proper to consider their case for suspension of sentence and grant of regular bail as prayed for and allowed the petition. [Kavlaben v. State of Gujarat, CMA No. 1 of 2018 in R/CA No. 611 of 2018, order dated 14-09-2018]