Shree Ram vs. Asstt.Excise

Cr.Revision No.91of 2012.

07.05.2012.Present: Mr. Satyen Vaidya, Advocate,for the petitioner.

Ms.Ruma Kaushik, Addl.A.G. with Mr. J.S.Rana, Asstt. A.G. for the respondents.

Cr.M.P.(M) No. 380 of 2012.

Notice. The learned Additional Advocate General appears and waives service of notice on behalf of the respondents. This is an application under Section 5 of the Limitation Act for condonation of delay in filing the revision. The learned counsel for the petitioner has stated that delay is of one day. According to the Registry, the revision is within limitation. The application is supported by an affidavit. In view of stand of the Registry that the revision is within limitation, the application is rendered infructuous by treating the revision having been filed within limitation. Application disposed of.

Cr.Revision No. 91 of 2012.

Admit.

Cr.M.P.No. 352 of 2012.

This is an application for suspension of sentence and releasing the applicant on bail. It has been stated by learned counsel for the applicant that the applicant was on bail during trial and in appeal his sentence was suspended by the lower Appellate Court. The revision has been admitted. There are arguable points in the revision. The hearing of the revision will take some time. In these circumstances, the substantive sentence imposed by the trial Court on 24.09.2008 in Criminal Case No. 28-III of 2003, affirmed by lower appellate Court on 31.01.2012 in Criminal Appeal No. 38/2008, is suspended

during the pendency of the revision subject to applicant depositing entire amount of compensation of 1,00,000/- within a period of three weeks, if not already deposited, and furnishing personal bond in the sum of 25,000/- with one surety of the like amount within the same period to the satisfaction of the trial Court with the conditions that the applicant shall appear in the Court as and when directed and shall surrender to the Court to serve out the sentence imposed in case his revision is dismissed. The application is disposed of.

Copy 'dasti'.

(Kuldip Singh), Judge.

May 7, 2012. (krt)