S.B.Cr.Misc. S.O.S.Appl.No.423/2010 in S.B.Cr. Revision Petition No.1231/2010 Hanif and Anr. vs. The State of Raj. Date: 14.12.2010 HON'BLE MR.MAHESH BHAGWATI,J. Mr. Vivek Goyal, for the petitioners. Mr. GS Fauzdar, P.P. for the State. **** This order governs the disposal of an application filed under Section 397 of Cr.P.C. on behalf of the accused petitioners namely, Hanif and Hasam with regard to suspension of sentence awarded to them by the Courts below. Heard the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and carefully perused the impugned judgment of the appellate Court. Learned counsel for the accused petitioners canvassed that both the accused petitioners were on bail during the pendency of trial as also during the pendency of appeal. He further canvassed that the learned trial court convicted both the accused persons for the offences under sections 457 and 380 of IPC and awarded sentences as indicated in the impugned judgments. The sentences awarded to both the accused persons were suspended by the learned trial Court but the accused persons were sent to Jail for serving the sentences by the learned Additional Sessions Judge No.2, Ajmer, who dismissed -2- their appeals and affirmed the conviction as also sentences rendered by the Judicial Magistrate, Ajmer City (East) Ajmer. Hence, the sentences awarded to the accused petitioners may be suspended. Learned Public Prosecutor appearing for the State does not oppose the submissions made by the learned counsel for the petitioners. Having considered the submissions made by the learned counsel for the petitioners, it is ordered that the execution of sentence awarded to the petitioners namely Hanif S/o Sh. Samda and Hasam S/o Shri Haider Ali by the trial Court and affirmed by the lower appellate Court as indicated herein-above, shall remain suspended, provided each of them furnishes a personal bond in the sum of Rs.10,000/- together with a surety of like amount each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 13th January, 2011 and as and when called upon to do so during pendency of the revision petition. (MAHESH BHAGWATI)J. Pcg