Shankar Chhana Vasava And ORS v. The State (Union Territory)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.108 OF 2017 IN CRIMINAL REVISION APPLICATION NO.106 OF 2017 SHANKAR CHHAN VASAVA & ORS.

)...APPLICANTS V/s.

THE STATE (UNION TERRITORY) DADRA ) AND NAGAR HAVELI )...RESPONDENT Mr.Sanjay Singhvi, Senior Advocate, i/b. Mr.Rahul Kamerkar, Advocate for the Applicants.

Ms.Poornima Kantharia, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

17th FEBRUARY 2017 P.C. :

Heard learned senior advocate appearing for applicants / original accused. Perused the judgment of the learned trial court as well as the appellate court. Applicants / accused were employees of M/s.IPCA Laboratory of which the victim was the Manager. According to the prosecution case, avk 1/3

applicants / accused wrongfully confined the victim and injured him.

During pendency of the proceedings before the courts below, applicants / accused were enjoying liberty and it is not seen that they had misused their liberty. The revision petition is already admitted for hearing and it will take its own time. Applicants / accused are sentenced to suffer simple imprisonment for 3 months for the offence punishable under Sections 323 read with 34 of the IPC and for the offence punishable under Sections 341 read with 34 of the IPC, they are sentenced to suffer imprisonment for 1 month.

Considering the short sentence imposed upon applicants / accused, as well as time required for disposal of the revision petition, the following order :

i) The application is allowed.

ii) Substantive sentence imposed upon applicants / accused is suspended and they are directed to be avk 2/3

released on bail on their executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety by each of them, till disposal of the revision petition.

(A. M. BADAR, J.) avk 3/3