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Dayaram Narshibhai Parmar vs State Of Gujarat on 25 October, 2019

R/CR.A/1849/2019 IA ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF
SENTENCE) NO. 1 of 2019
In R/CRIMINAL APPEAL NO. 1849 of 2019

DAYARAM NARSHIBHAI PARMAR
Versus
STATE OF GUJARAT

Appearance:

MR ASHISH M DAGLI for the PETITIONER(s) No.
MS SHRUTI PATHAK, APP for the RESPONDENT(s) No.

CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA

Date : 25/10/2019

IA ORDER

1. Learned advocate Mr. Ashish Dagli does not press this

application qua applicant no.1 at this stage. Permission as

prayed for is granted. Application stands dismissed as not

pressed qua applicant no.1.

2. This application under Section 389 of the Code of

Criminal Procedure, 1973 is preferred praying for suspension

of sentence imposed by learned 2nd Additional District

Sessions Judge, Morbi vide order dated 4th September, 2019

passed in Sessions Case No. 37 of 2017 and to release them

on bail during the pendency of captioned Criminal Appeal.

3. Learned advocate for the applicants submitted that the

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R/CR.A/1849/2019 IA ORDER

applicants are convicted for offence punishable under Sectionsection

306 of the Indian Penal Code and are ordered to undergo

rigorous imprisonment for eight years and fine of Rs.5000/-

was imposed, and in default of payment of fine, the applicants

have to further undergo rigorous imprisonment for one year.

4. So far as applicants nos.2 and 3 are concerned, who are

the accused of offence under Section 306 of the Indian Penal

Code, are father-in-law and mother-in-law respectively.

Learned advocate for the applicants submitted that

considering the evidence on record, ingredient of Section 306

and Section 498A of the Indian Penal Code are not attracted

prima facie. He referred to the impugned judgment and order

and pointed out from the evidence of Investigating Officer at

Exh.70 that statement of twelve different persons residing in

neighborhood residence of the applicants were recorded and

as per the said statements, it was revealed that the deceased

committed suicide along with two daughters on the ground

that cradle was not given to the younger daughter, where as

applicants gave cradle to their daughter, who has given birth

to male child. It was further submitted that there was no

instigation on part of the applicants nos.2 and 3 so as to

commit offence of abetment. He further submitted that

during the investigation when the offence was registered

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R/CR.A/1849/2019 IA ORDER

against the deceased, aforesaid incident of not giving cradle

to the daughter of the deceased was also revealed from the

station diary. He further submitted that the allegations made

with regard to the offence under Section 498A, they are

general in nature. He therefore, prayed for suspension of

sentence qua the applicants nos.2 and 3.

5. On the other hand, learned Additional Public Prosecutor,

Ms. Shruti Pathak for the respondents submitted that the

conduct of the applicants is required to be taken into

consideration as the applicants did not try to save the

deceased at the time of incident as recorded in the impugned

judgment and order. She further submitted that it was the

duty of the applicant no.2 to see that no such untoward

incident as it happened, would have taken place if he had

taken care. She also submitted that the conduct of the

applicants nos.2 and 3 is nothing but abetment for the

deceased to commit suicide along with two minor daughters

where one of the daughter was of 13 days old. It is further

submitted that looking to the facts of the case no indulgence

should be shown for granting bail to the applicants nos.2 and

3 in any circumstance, during the pendency of the appeal.

6. Having heard the learned advocates for the respective

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R/CR.A/1849/2019 IA ORDER

parties and taking into consideration the evidence on record

and considering the fact that the sentence imposed upon the

applicants is of eight years, I am of the opinion that the

present application requires consideration qua applicants

nos.2 and 3 and prayer in terms of bail is required to be

allowed. Sentence imposed by the judgment and order dated

04.09.2019 passed in Sessions Case No.37 of 2017 is hereby

suspended pending hearing and final disposal of Criminal

Appeal. The applicants nos.2 and 3 shall be released on bail

by executing fresh bond of Rs. 10,000/- each ( Rupees Ten

Thousand only) and upon furnishing one surety of like amount

to the satisfaction of the trial Court and on further condition

that they shall proceed with the Criminal Appeal as and when

it may be listed for hearing and they shall surrender their

passport, if having, before the trial Court and shall not leave

India without prior permission of this Court.

7. Criminal Misc. Application is allowed qua applicants

nos.2 and 3. Rule made absolute to aforesaid extent qua

applicants nos. 2 and 3.

8. Direct service is permitted today.

(BHARGAV D. KARIA, J)

NEHA

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