Learned advocate Mr. Amit N. Chaudhary states that he has instructions to appear on behalf of respondent No. 2 and shall file his appearance.
Heard learned advocate for the parties. By filing this application, the applicant has made prayer to suspend the order of sentence passed by the trial Court and confirmed by the lower appellate Court and to release him on bail during the pendency of Revision Application.
It appears that the petitioner is sentenced to undergo imprisonment of one year. It is stated by learned advocate Mr. Tolia for the petitioner that the petitioner is in custody from 30.5.2012. It is also stated that fine is paid before the trial Court. In view of the fact that the petitioner is sentenced to undergo short sentence and it is not likely that the revision petition would be heard within short time, substantive sentence of imprisonment imposed on the petitioner by the trial Court and confirmed by the lower appellate Court is required to be suspended till final hearing and disposal of the revision petition. Hence, the substantive sentence of imprisonment imposed by the trial Court in Criminal Case No. 1081 of 2007 and confirmed by the lower appellate Court in Criminal Appeal No. 1 of 2012 is suspended and the petitioner is ordered to be released on bail on his executing a bond in the sum of Rs. 5000/- with one surety of the like amount on usual terms before the trial Court. Rule made absolute.
Direct service is permitted.
(BANKIM N. MEHTA, J) (pkn) Top