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CR.MA/959620/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9596 of 2008
In
CRIMINAL
APPEAL No. 1688 of 2006
====================================================
JITENDRA
DEVABHAI BORICHA - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
====================================================
Appearance :
MR
HRIDAY BUCH for Applicant(s) : 1,
MR
UR BHATT, APP for Respondent(s) :
1,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 10/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned advocate Mr.Buch and learned APP Mr.Bhatt.
Though
this is a successive application, after considering the following
stated aspects, we are inclined to entertain this application, in
view of the change of the circumstances:-
The
applicant is in jail since 22.09.2005.
The
applicant is convicted for offences punishable under Section 306 and
498A of Indian Penal Code.
The
conviction under Section 306 of Indian Penal Code is mainly
challenged on the basis of two suicide notes, Exh.25 and 26 written
by the deceased, handwritings of which are admitted by Minaxiben,
sister of the deceased.
These
two documents, in terms, exonerate the applicant, and it is not the
case that these two documents are either planted or were obtained
from the deceased, under coercion, threat or deceit. This makes the
case of the appellant reasonably arguable so far as conviction under
Section 306 of Indian Penal Code is concerned.
The
applicant has a young daughter, aged about 4 years to be looked
after.
The
application, in light of above aspects, is allowed. Sentence passed
by learned Additional Sessions Judge & Fast Track Court no.3,
Amreli, in Sessions Case no.23/2006 is hereby suspended till final
disposal of the appeal. The applicant shall be released on bail on
his furnishing a surety and bond in the amount of Rs.10,000/- (Rupees
Ten thousand only) on condition that he shall confine himself to
State of Gujarat and shall deposit the passport, if any. This order
shall become operative only if and after the applicant pays the fine.
Rule is made absolute.
(A.L.DAVE,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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