Heard learned advocate Mr. SA Qureshi for the petitioner.
It appears from the judgment of the Trial Court that the medical evidence with regard to the injury and role of the petitioner raises doubts about involvement of the petitioner. Hence, matter requires consideration. Rule.
As regards suspension of sentence of imprisonment, it is stated by learned advocate Mr. Qureshi that the petitioner was on bail during the trial and appeal before the Lower Appellate Court. He has also stated that after pronouncement of the judgment by the Lower Appellate Court, time to surrender was granted till 20/6/2012 and hence the petitioner has not surrendered. Learned advocate Mr. Qureshi has also stated that the petitioner has paid the amount of fine imposed by the Trial Court and confirmed by the Lower Appellate Court.
In view of the fact that the petitioner is sentenced to undergo short sentences of three months for the offence under section 323 and to undergo sentence of two months for offence under section 504 of Indian Penal Code and it is not likely that the revision application would be decided within short time, the substantive sentence of imprisonment imposed upon the petitioner is required to be suspended during the pendency of hearing of revision application.
Hence, the order of substantive sentence of imprisonment imposed by the Trial Court in Criminal case no. 4326/2003 and confirmed by Lower Appellate Court in Criminal appeal no. 115/2009 is suspended during pendency of revision application and petitioner is ordered to be released on same bail with fresh bond.
Direct service is permitted.
(BANKIM.N.MEHTA, J) asma Top