(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)

1. As in all the applications for bail pending the appeals, common questions arise for consideration as the appeals are also arising from the common judgement and order of the learned Sessions Judge, they are being considered simultaneously by the present common order.

2. Rule. Mr.Mengdey, learned APP and Mr.Dipen Desai, learned APP waive service of notice of Rule in all the concerned matters.

3. The applicant of Criminal Misc. Application No.12893 of 2008 is accused No.4 (for the sake of convenience, he shall be described as A-4 hereinafter); the applicant of Criminal Misc. Application No.12897 of 2008 is accused No.1 (for the sake of convenience, he shall be described as A-1 hereinafter); the applicant of Criminal Misc. Application No.13041 of 2008 is accused No.2 (for the sake of convenience, he shall be described as A-2 hereinafter); the applicant of Criminal Misc. Application No.13039 of 2008 is accused No.3 (for the sake of convenience, he shall be described as A-3 hereinafter); and the applicant of Criminal Misc. Application No.13176 of 2008 is accused No.12 (for the sake of convenience, he shall be described as A-12 hereinafter) have preferred the present applications under Section 389 of Cr.P.C. for suspension of sentence and for releasing the applicants on bail pending the appeals.

4. It may be recorded that as per the prosecution case, the complaint (Ex. 283) was registered by the deceased victim, whose English translation from Gujarati language is as under:-

My name is (the deceased victim) d/o. Bipinbhai Ambalal Joshi, aged 24 years, occupation service, resident of 10, Indrabaug Society, Behind Panchsheel Bus Stand, Near Ramesh Park, Naranpura, Ahmedabad, mobile number 8616661. Having remained present personally I declare by this complaint, being recorded that I reside along with my parents, brother and sister. I am working at the office known as 'Job Solution' situated at Devpath Office, C.G. Road, Ahmedabad.

Yesterday, at about 10:00 p.m. of 31.12.2003 while I was at my residence, a phone call came from my friend residing at Shahibaug area namely Chandan Pannalal Jaiswal (A-3) who told that his party is ready and I should immediately reach to Ashok Palace (the place of incident). Since my elder sister Vaishali was present at the residence, she dropped me at under-bridge on her two wheeler Kinetic from where I rang up Sajal Jain (A-4) residing at Delhi, came from Delhi and told him that I was standing near under-bridge and that he should pick me up. Because of this, within some time a friend of Sajal named Monty whose original name is Sugam Harishnkar Jaiswal (A-1) residing at Kirannagar Society, Dudheshwar known to me by name, came in his Maruti Zen at under-bridge. I sat in his Maruti Zen car who carried me in his car bearing registration no.GJ-1-HB-1267 from under-bridge to Hotel Ashok Palace. At Ashok Palace friend of mine Sajal Jain (A-4) and Chandan Pannalal Jaiswal (A-3) and one Montu (A-12) who too was friend of Sajal and residing at Delhi and Chandan's brother Mandan Jaiswal (A-2) were present. Chandan told me that his friend would come soon carrying the passes. Sajal Jain and the above named friends sat in room No.106 of Ashok Palace where Sajal ordered for beer. When beer was brought, I was told by Sajal to consume a little beer. I declined to that and Sajal then asked me what is the objection as we are to go to party where so many girls would come who also might have consumed. By saying so and upon persuasion, I consumed one peg of beer. Thereafter, since I declined to consume more beer, Sajal gave me 2.3 slaps and on pressurizing me I was made to take 2-3 more pegs of beer. At this time, Sajal and his friend Montu remained present in the room and others went down. Sajal told me to remove my clothes. I declined and said that I would like to talk to my sister Vaishali. In response to which, Sajal had beaten me by slapping me and Montu went out. Sajal slapped m