1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.REVISION PETITION NO.1147/2010 Hanuman & Anr. Vs. State Date of order : 29/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri V.P. Yadav for the petitioners. Shri N.R. Saran, P.P. for the State. ****** This revision petition has been filed by the petitioners against the order of learned Additional Sessions Judge, Behror who by his order dated 31.7.2010 has rejected application of the petitioner for suspension of sentence in an appeal filed against the order of his conviction u/s.19/54 of the Rajasthan Excise Act. The trial court by its order dated 3.6.2010 convicted the petitioner for the aforesaid offence and sentenced him to undergo rigorous imprisonment of three years. The application could not be immediately heard because the Presiding Officer was not posted. Shri V.P. Yadav, learned counsel for the petitioners has argued that the learned appellate court has not rejected the suspension of sentence application on merits, but on the ground that the application for suspension of sentence has been filed on 2.7.2010 and remained pending for about one month, why was not it listed before the Court. This happened because the 2 regular Presiding Officer was not posted. The petitioner is in jail for last one year and three months. Learned PP opposed the revision petition. In the result, the revision petition is allowed. The impugned order dated 31.7.2010 is quashed and set aside and petitioners (1)Hanuman S/o Prabhu Dayal and (2) Banti @ Rajkumar S/o Mool Chand be released on bail provided each of them furnish bail bond in the sum of Rs.20,000/- with two sureties in the amount of Rs.10,000/- each to the satisfaction of the Additional Sessions Judge, Behror, District Alwar with the stipulation that he shall appear before the Court on all dates of hearing and as and when he is called upon to do so. (MOHAMMAD RAFIQ), J. RS/-