Rule.
Learned A.P.P. Mr. Shah waives service of notice of rule on behalf of the respondent State.
With the consent of learned counsel for the parties, this application is taken up for final hearing.
I have heard learned advocate Mr. Goswamy for the applicant and learned A.P.P. Mr. Shah for the respondent State.
The applicant has filed this application under Section 389 of the Code of Criminal Procedure, 1973 to suspend the sentence of imprisonment imposed by the trial Court and to release him on temporary bail during the pendency of hearing of appeal.
It appears from the impugned judgement that the applicant is sentenced to undergo imprisonment of two years. It is stated that the applicant has paid fine imposed by the trial Court. The applicant was on bail during trial. It is not reported that the applicant has misused the liberty granted during trial. 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, the discretion is required to be exercised. It is stated that the trial Court has suspended the sentence of imprisonment till today and therefore the applicant is on bail.
In view of above, this application is allowed. The applicant is ordered to be released on same bail with fresh bonds. Rule made absolute. Direct Service is permitted.
(BANKIM N. MEHTA, J) (pkn) Top