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Judgment
Bela M. Trivedi, J
The present application has been filed by the applicants - accused under Section 389 of the Cr.P.C. seeking suspension of the execution of the sentence imposed by the learned 3rd Additional Sessions Judge, Gir Somnath at Veraval (hereinafter referred to as "the Trial Court" vide order dated 02.01.2021 passed in Special Atrocity Case No.4 of 2019, whereby the applicants (original accused) were convicted for the various offences under the Indian Penal Code and for the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the said Act") and have been sentenced for the maximum period of three years.
Heard learned Advocates for the parties at length.
The original complainant has filed an affidavit, which is taken on record.
Having regard to the sentence imposed upon the applicants, which is maximum for the period of three years and considering the affidavit of the respondent - original complainant, the present application deserves to be allowed and is allowed accordingly. The execution of the order of sentence imposed vide the judgment and order dated 02.01.2021 passed by the Trial Court in Special AtrocityCase No.4 of 2019, qua each of applicants is hereby suspended till the final disposal of the Appeal, subject to the condition that each of them shall furnish a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and one solvent surety of the like amount to the satisfaction of the concerned Court and subject to the further following conditions :-
(a) they shall not take undue advantage of his liberty or abuse his liberty;
(b) they shall maintain law and order;
(c) they shall surrender their passports, if any, to the lower Court, within a week and if they do not possess any passport, then they shall make a declaration to that effect before the trial Court;
(d) they shall furnish an affidavit furnishing their full, correct and permanent address and the phone number.
If during the pendency of the criminal appeal any change in their residential address, permanent or temporary, takes place then the applicants shall intimate the same to the trial Court as well as the concerned Police Station;
(e) they shall not leave the limits of Gujarat State without prior permission of this Court;
(f) they shall mark their presence in the first week of every month before the concerned Police Station i.e. Prabhas Patan Police Station, Gir Somnath;
It is made clear that any observations made while deciding this application are merely prima facie observations made for the purpose of suspension of sentence, and shall have no bearing on the final outcome of the Appeal.
Rule is made absolute accordingly. Direct Service as well as service through Electronic Mode, is permitted.