Rule.
Learned Additional Public Prosecutor Miss Shah waives service of rule on behalf of the respondent State.
With the consent of learned advocate for the applicant and learned A.P.P., the application is taken up for final hearing.
By filing of this application, the applicant has sought suspension of execution of sentence awarded by the trial Court and confirmed by the lower appellate Court.
The applicant is sentenced to undergo imprisonment of six months. The applicant has deposited the amount of fine in the trial Court. In view of the fact that the applicant is sentenced to undergo short sentence and it is not likely that the main matter would be heard in the near future, the order of substantive sentence of imprisonment is required to be suspended and the applicant is required to be released on bail during pendency of Revision Application. Hence the application is allowed.
The order of substantive sentence of imprisonment imposed by the trial Court and confirmed by the lower appellate Court is suspended during the hearing and final disposal of Criminal Revision Application No. 269 of 2012 and the applicant is ordered to be released on bail on his executing a bond of Rs. 5,000/- with a surety of like amount before the trial Court on usual terms on condition that the applicant deposits Rs.30,000/- in the trial Court on or before 3.7.2012 subject to the result of the revision application.
Rule is made absolute. Direct service is permitted.
(BANKIM.N.MEHTA, J.) shekhar* Top