Rule.
Learned Additional Public Prosecutor Mr. N.J. Shah waives service of rule on behalf of the respondent State.
2. With the consent of learned advocate for the applicants and learned A.P.P., the application is taken up for final hearing.
3. By filing of this application, the applicants have sought suspension of execution of sentence awarded by the trial Court and confirmed by the lower appellate Court till final disposal of the revision application and to release the applicants on bail during the pendency of the revision application.
4. I have heard learned advocate Mr. Anandjiwala for the applicants and learned APP Mr. NJ Shah for the respondent State.
5. It appears that the applicants are sentenced to undergo short sentences and it is not likely that the main matter would be heard and decided in near future. The applicants were on bail during the trial and appeal before the lower appellate Court. It is not reported that the applicants misused their liberty during this period. The applicants have paid the fine imposed by the trial Court. Therefore, the order of substantive sentence imposed upon the applicants by the trial Court and confirmed by the lower appellate Court is required to be suspended and the applicants are required to be released on bail during pendency of hearing of Revision Application.
6. In the result, 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. 284 of 2012 and the applicants are ordered to be released on bail on their executing bond of Rs. 5,000/- each with a surety of like amount before the trial Court on usual terms.
7. Rule is made absolute. Direct service is permitted.
(BANKIM.N.MEHTA, J.) shekhar* Top