Rule.
Learned APP Mr. Shah waives for the Opponent State.
With consent of learned advocate for the parties, this application is taken up for final hearing.
By filing this application under section 389 of the Criminal Procedure Code, 1973, the applicant has sought relief to suspend the order of sentence imposed by the Trial Court till final disposal of the suit.
I have heard learned advocate Mr. Dave for the applicant and learned APP Mr. Shah for opponent State.
The applicant is sentenced to undergo sentence of six months, for each offences and all the sentences are ordered to run concurrently. On account of suspension of sentences by the Trial Court, the applicant is on bail today. It is not likely that appeal would be heard within short time. The applicant has paid the fine. As the applicant is sentenced to undergo short sentence, the order of substantive sentence of imprisonment is required to be suspended till final disposal of the Revision Application.
In the result, the application is allowed. The order of imprisonment impugned by the trial Court is suspended till final disposal of appeal and the applicant is ordered to be released on same bail with fresh bond before the Trial Court.
Rule made absolute. Direct service is permitted.
(BANKIM.N.MEHTA, J) *asma Top