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Judgment
Honourable Mr. Justice Jayant Patel
Rule. Mr. Patel, learned APP waives notice of Rule. The present application is for suspension of sentence and interim bail pending the final hearing of Criminal Appeal No. 705 of 2012.
As such, the main appeal being Criminal Appeal No. 705 of 2012 was yesterday on board with the other connected appeals being Criminal Appeal No. 725/12 and others and we have admitted the appeals.
We have heard Mr. Prakash Thakkar, Learned Counsel for the applicant and Mr. Patel, learned APP for the State.
As per the prosecution case, the involvement of the applicant-original accused no. 8 is at par with the accused no. 7 and 9 and there is majority of common evidences led by the prosecution.
We have considered the applications of original accused no. 7 and 9 yesterday in Criminal Misc. Applications No. 7660/12 and 7937/12 and this Court qua A7 and A9 observed I thus at para 5, which reads as under-
It prima facie appears that the role of A7 and A9 was in capacity as the jail officials. There is no direct evidence available or even indirect evidence connecting to the conspiracy of committing murder or for liquidation of deceased Chetan Battery. At the most the evidence has come on record for dereliction of duty, but the same per se would not constitute the part of conspiracy for the offence u/s 302 of IPC.
Ultimately, for A7 and A9, in the said matter, following order was passed:
a) Sentence imposed upon A7 and A9 are suspended and they are released on bail on the condition that -
i. They furnish the bail bond of Rs. 25,000/- and one solvent surety of like amount each.
ii. They shall not misuse their liberty while on bail
iii. They shall surrender their passport if any.
b) It is clarified that the present order shall not result into accrual of any additional right in any disciplinary proceedings against A7 and A9.
The same situation would prevail in the present matter.
The learned APP has not been able to show any other distinguishing circumstances.
Hence, the following order:
a) Sentence imposed upon the applicant-original accused no. 8 is suspended and he is released on bail on the condition that -
i. He furnishes the bail bond of Rs. 25,000/-and one solvent surety of like amount.
ii. He shall not misuse his liberty while on bail.
iii. He shall surrender his passport if any.
b) It is clarified that the present order shall not result into accrual of any additional right in any disciplinary proceedings against the applicant- original accused no. 8.
The present application shall stand allowed to the aforesaid extent. Rule made absolute accordingly. Direct Service permitted.