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2025 Supreme(Online)(Guj) 12662

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
IJV, PMR
PINTUBHAI @ KALIO DOLUBHAI VASAVA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:HCLS COMMITTEE(4998) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Judgement Key Points

Key Points: - The application is for suspension of sentence and grant of bail in a murder case based on circumstantial evidence; the appellate court exercises discretion to grant bail during the pendency of the appeal (!) (!) (!) . - The court notes that evidence of last seen together is a weak piece of evidence and conviction based solely on last-seen-theft without corroboration is not sustainable; in light of this, it exercises discretion in favor of suspension and bail (!) (!) . - The sentence dated 21.01.2017 is suspended during the pendency of the Criminal Appeal, and the applicant is released on bail with conditions: personal bond of Rs. 10,000 and one surety of Rs. 10,000; no leaving India without permission; appearance as required; keep address updated; service permitted (!) .

What is the scope of suspension of sentence and grant of bail in a murder case based on circumstantial evidence?

What are the conditions imposed for release on bail during pendency of the Criminal Appeal?

What is the court’s reasoning on the sufficiency of "last seen together" as circumstantial evidence for conviction?


IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 1027 of 2017 ==========================================================

PINTUBHAI @ KALIO DOLUBHAI VASAVA Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

THROUGH JAIL for the PETITIONER(s) No. 1 NOTICE NOT RECD BACK for the RESPONDENT(s) No. 2 MR LB DABHI, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 01/10/2025

IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. This application is filed by the convict original accused no.2 with a prayer for suspension of sentence and grant of bail. The applicant and other accused Ajay Vasava were prosecuted and tried for the offence of murder. According to the prosecution case, the accused used to demand a sexual favour from deceased Parvatiben which she denied as and when the accused asked and in that view of the matter, keeping gr

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