Learned advocate Mr. BY Mankad for learned advocate Mr. Shashtri for the applicants seeks permission to make amendment in the prayer clause. Permission, as prayed for, is granted. Applicants to carry out amendment forthwith.
2. Rule.
Learned APP Miss Shah waives service of notice of Rule on behalf of the respondent state.
3. With the consent of learned advocate for the applicants and learned APP, the matter is taken up for hearing today.
4. By filing this application under section 389 of the Criminal Procedure Code, 1973, the applicants have made prayer to suspend the sentence imposed upon by learned Addl. Sessions Judge, Panchmahal at Godhara on 13.6.2012 in Sessions case no. 128 of 2011 during the pendency of Appeal.
5. I have heard learned advocate Mr. Mankad for learned advocate Mr. Shashtri for the applicants and learned APP Miss Shah for the respondent State.
6. The applicants are sentenced to undergo RI for 30 months and to pay fine of Rs.2000/- for the offence under sections 325 and 114 of the IPC. It is stated that the fine has been paid and the sentence of imprisonment has been suspended by the trial Court to enable the applicants to prefer appeal and thereby, they are on bail today.
7. In view of the fact that the applicants are sentenced to undergo short sentence and it is not likely that the appeal would be heard within short time and also considering the fact that the applicants were on bail during the trial 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 appeal and the applicants are required to be enlarged on bail.
8. In the result, the application is allowed. The order of substantive sentence of imprisonment passed by learned Addl. Sessions Judge, Panchmahal at Godhara on 13.6.2012 in Sessions case no. 128 of 2011 is suspended during the pendency of hearing of appeal and the applicants are 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.) shekhar* Top