Heard learned advocate Mr. R.J.Dholakia for the petitioner.
It appears from the judgement of the Trial Court that the Court has believed the certificate of Dr. Girish Shah issued on 8/7/2004 but the prosecution has not examined the Doctor to prove the contents of the certificate.
In view of above, the matter requires consideration. Hence, Rule.
As regards suspension of sentence of imprisonment, it appears that the Lower Appellate Court has sentenced the petitioner to undergo simple imprisonment of one month and to pay fine of Rs. 1000/-. It is stated that the amount of fine imposed upon is paid. It is also stated that the petitioner has been in Jail since 28/6/2012.
It is not likely that the Revision Application would be heard and decided within short time. The petitioner is sentenced to undergo short sentence. Therefore, the substantive sentence of imprisonment imposed upon the petitioner is required to be suspended till final disposal of Revision Application. Hence, the substantive sentence of imprisonment imposed by learned Additional Session Judge, Gandhinagar on 28/6/2012 in Criminal Appeal no. 42/2009 is suspended during the pendency of hearing and final disposal of Revision Application. The petitioner is ordered to be released on bail on executing of bond in the sum of Rs. 5,000/- with one surety before the Trial Court. Direct service is permitted.
(BANKIM.N.MEHTA, J) *asma Top