1. Rule.
Learned APP Miss Shah waives service of notice of Rule on behalf of the respondent state.
2. With the consent of learned advocate for the applicant and learned APP, the matter is taken up for hearing today.
3. By filing this application under section 389 of the Criminal Procedure Code, 1973, the applicant has made prayer to suspend the sentence imposed upon him by learned Addl. Sessions Judge, Gandhinagar on 19.6.2012 in Sessions case no. 81 of 2010 during the pendency of Appeal.
4. I have heard learned advocate Mr. Tiwari for the applicant and learned APP Miss Shah for the opponent State.
5. The applicant is convicted for the offence under sections 411 and 498(C) of the IPC and sentenced to undergo imprisonment for two years and three years respectively. It is stated that the fine has been paid and the sentence of imprisonment has been suspended by the trial Court to enable the applicant to prefer appeal and thereby, he is on bail today.
6. In view of the fact that the applicant is sentenced to undergo short sentence and it is not likely that the appeal would be heard within short time and also considering the fact that the applicant was on bail during the trial and there is no report that he has misused the liberty, the order of substantive sentence of imprisonment is required to be suspended till hearing and final disposal of the appeal and the applicant is required to be enlarged on bail.
7. In the result, the application is allowed. The order of substantive sentence of imprisonment passed by learned Addl. Sessions Judge, Gandhinagar on 19.6.2012 in Sessions case no. 81 of 2010 is suspended during the pendency of hearing 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.) shekhar* Top