Learned advocate Ms. Prajapati for the applicants seeks permission to amend prayer clause 10(B). Permission, as prayed for, is granted. Amendment to be carried out forthwith.
2. Heard learned advocate Ms. Prajapati for the applicants. She submitted that injury certificate relied upon by the lower appellate Court does not indicate that the applicants were responsible for the injuries. Hence, matter requires consideration.
3. Rule.
4. As regards suspension of sentence of imprisonment, the applicants are sentenced to undergo imprisonment of six months and to pay fine of Rs.500/- for the offence under section 323 of the IPC. It is stated that the fine has been paid and the sentence of imprisonment has been suspended by the lower appellate Court to enable the applicants to approach this Court and thereby, they are on bail today.
5. In view of the fact that the applicants are sentenced to undergo short sentence and it is not likely that the revision application would be heard within short time and also considering the fact that the applicants were on bail during the trial and appeal and there is no report that they have misused the liberty, the order of substantive sentence of imprisonment is required to be suspended till hearing and final disposal of the revision application and the applicants are required to be enlarged on bail.
6. In the result, the application is allowed. The order of substantive sentence of imprisonment passed by learned 3rd Addl. Sessions Judge, Bhavnagar on 20.6.2012 in Criminal Appeal No.2 of 2011 is suspended during the pendency of hearing of revision application and the applicants are ordered to be released on same bail with fresh bond before the lower appellate Court. Rule made absolute.
Direct service is permitted today.
(BANKIM.N.MEHTA, J.) shekhar* Top