Rule.
Learned advocate Mr. Y.N.Ravani waives for Opponent no. 1 and learned APP Ms. Shah waives for Opponent no. 2.
With consent of learned advocate for the parties and learned APP for the Opponent State, this application is taken up for final hearing.
By filing this application under section 389 of the Criminal Procedure Code, 1973, the applicant has made prayer to suspend the sentence imposed upon him by learned Special Judge, CBI Court no. 2, Ahmedabad on 22/6/2012 in CBI Special case no. 26/97 during the pendency of an Appeal.
I have heard learned advocate for the parties and learned APP Ms. Shah at length and in great detail.
The impugned judgement indicates that the applicant is sentenced to undergo R.I. for two years and to pay fine of Rs. 5000/-. It is stated that fine is already paid. It is also stated that the applicant was on bail during the trial and after conviction, the order of sentence has been suspended to enable him to approach this Court by filing Appeal. In view of the fact that the applicant is sentenced to undergo short sentence and considering heavy backlog, it is not likely that the appeal would be heard and decided within short time. Therefore, the order of sentence of imprisonment is required to be suspended till final disposal of Appeal and the applicant is required to be enlarged on bail.
In the result, the application is allowed. The order of substantive sentence of imprisonment passed by learned Special Judge, CBI Court no. 2, Ahmedabad on 22/6/2012 in CBI Special case no. 26/97 is suspended during the pendency of hearing 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