AI Structured Summary
Not yet generated for this judgment
Judgment
By this application, the applicant has prayed for the following reliefs :
"(A) Your Lordships may be pleased to delete the condition no.6(1) in order dated 7/2/2019 passed by this Honourable High Court in Criminal Misc. Application No.1 of 2019 in Criminal Appeal No.1734 of 2018.
(B) Your Lordship may be pleased to pass any other and further order under the facts and circumstances of this case."
The applicant is a convict of an offence of murder. The applicant has preferred the Criminal Appeal No.1734 of 2018 in this Court challenging the judgment and order of conviction passed by the trial court. The applicant also preferred the Criminal Misc. Application No.1 of 2019 seeking suspension of the substantive order of sentence of life imprisonment passed by the trial court.
It is also brought to our notice that the applicant owns agricultural land within the revenue limits of the Navsari District. He needs to cultivate the land for the purpose of earning his livelihood.
The application seeking suspension of the sentence was heard by this Court and the same was allowed vide order dated 7th February 2019. The order reads thus :
"1 Rule returnable forthwith. Mr. H.K. Patel, the learned A.P.P. waives service of notice of rule for and on behalf of the respondent - State of Gujarat.
This is an application at the instance of a convict accused seeking suspension of the substantive order of sentence of life imprisonment passed by the 2nd Additional Sessions Judge, Navsari dated 14th August 2018 in the Sessions Case No.38 of 2014.
It appears from the materials on record that the applicant herein was put on trial for the offence of murder punishable under Section 302 of the Indian Penal Code. The conviction of the applicant is on the basis of the evidence of an eyewitness to the incident. The deceased happened to be the real brother of the applicant accused. On 14th August 2018, the applicant herein picked up quarrel with the deceased and assaulted the deceased with fisty-cuffs. It further appears that in the same incident, the applicant herein inflicted injuries on the other members of the family too. However, the cause of death of the deceased is shown to be rupture of the liver. This is evident from the evidence of PW 5 - Dr. Jignesh Halpati examined at Exhibit : 26. It appears that on account of fisty-cuffs, the spleen of the deceased was also damaged. Ultimately, it led to shock and the deceased succumbed.
Having regard to the genesis of the occurrence, the question that this Court will have to consider at the time of final hearing of the criminal appeal filed by the applicant is whether the case is one of murder or culpable homicide not amounting to murder. Indisputably, the applicant had no weapon in his hands. It also appears from the materials on record that pending trial he was released on bail by the Supreme Court vide order dated 22nd September 2014.
In such circumstances referred to above, we are persuaded to exercise our discretion in favour of the applicant convict.
In the result, this application is allowed. The applicant convict is ordered to be released on bail of the sum of Rs.10,000/- (Rupees Ten Thousand only) with a solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that :
[1] The applicant convict shall not enter into the revenue limits of the Navsari district.
[2] The applicant convict shall maintain law and order and shall not indulge in any illegal activity or commit any offence.
In the meantime, the substantive order of sentence passed by the Trial Court on the applicant convict shall remain suspended till the final disposal of the criminal appeal. Bail bond before the Trial Court. Rule is made absolute to the aforesaid extent. Direct service is permitted. "
While suspending the substantive order of sentence passed by the trial court and ordering release of the convict on bail, we directed the applicant that he shall not enter the revenue limits of the Navsari District.
This condition is proving to be quite cumbersome for the applicant and his family members.
Having heard the learned counsel appearing for the parties R/CR.A/1734/2018 IA ORDER and having gone through the averments made in this application, we are of the view that the condition no.6(1) restraining the applicant from entering the revenue limits of the Navsari District can be done away with.
In the result, this application is allowed. The condition no.6(1) imposed by this Court in the order dated 7 th February 2019 stands deleted. Rest of the conditions shall remain as they are.
Rule made absolute. Direct service is permitted.