Learned advocate Mr. S.C.Sharma requests to permit him to amend page B of Appeal Memo. Permission as prayed for is granted. Appellant to carry out amendment forthwith.
Rule.
Learned APP Ms. Shah waives for Opponent.
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, the applicant convict has made a prayer to suspend the operation and implementation of order dated 16/6/2012 passed by learned Additional City Sessions Judge, Ahmedabad in Sessions Case no. 12/2010 and to release him on bail during the pendency of appeal.
I have heard learned advocate Mr. Sharma for the applicant and learned APP Ms. Shah for the State.
The applicant is convicted for the offences under section 363 and 366 of the Indian Penal Code and is sentenced to undergo imprisonment of one year and six months and to pay fine of Rs. 1000/- in default thereof to undergo imprisonment for period of one month for the offence under section 363 and is sentenced to undergo imprisonment for two years and to pay fine of Rs. 2000/- in default thereof to undergo imprisonment of two months for the offences under section 366 of the Indian Penal Code. It is stated by learned advocate Mr. Sharma that the applicant has paid the fine. He also stated that the applicant was on bail during the Trial and after conviction, the Trial Court has suspended the sentence to enable him to prefer Appeal and he is on bail.
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, this application is required to be allowed.
In the result, the application is allowed. The substantive sentence of imprisonment imposed by learned Additional City Sessions Judge on 16/6/2012 in Sessions case no. 12/2010 is suspended during the pendency 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