1. The matter is extensively heard on merits. Learned advocate for the parties jointly submit that the matter may be finally disposed of. Hence, Rule returnable forthwith. Learned APP Mr. Dharmesh Devnani waives service of Rule on behalf of the respondent – State.

2. The applicant, who happens to be original accused No.17 along with co-accused persons in Sessions Case No.24 of 2017 came to be convicted by the judgment and order dated 25.07.2018 passed by the learned 5th (Ad hoc) Additional Sessions Judge, Mehsana at Visnagar. The conviction is recorded for the offences punishable under Sections 147, 148, 149, 427 and 435 of the Indian Penal Code (“IPC” for short). The applicant and other co-accused persons are sentenced to undergo simple imprisonment of 2 years and to pay a fine of Rs.50,000/- each, with default sentence of 3 months simple imprisonment.

3. The applicant and other co-accused persons assailed their conviction by filing Criminal Appeal No.1135 of 2018 under Section 374 of the Code of Criminal Procedure (“Code” for short). The appeal is admitted by this Cou