SHAUKAT ALI KHAN Vs. STATE

JUDGEMENT

(1.) This is a petition on behalf of four applicants praying that under the provisions of Chap. 23, Rule 29 of the Rules of Court the applicants be ordered to execute bonds undertaking to lodge a petition before the Supreme Court and the execution of the sentence against them may be stayed.

(2.) The facts which have given rise to this petition briefly are that the applicants were convicted by a Magistrate under Sections 325/34 and 323, I. P. C. Their convictions were maintained on appeal and the appellate court gave a sentence of imprisonment till the rising of the Court and Rs. 50/- as fine each.

(3.) A revision was filed to this Court against the decision of the Additional Sessions Judge in appeal. At the time of the admission of the revision, notice was issued by a learned Single Judge of this Court to show cause why the sentences passed upon the applicants should, not be enhanced. Both the revision application on behalf of the applicants and that relating to enhancement matter came up before us and we, by our order dated 15-3-56, rejected the application of the applicants and enhanced the sentences passed by the court below from one of till the rising of the court to three months' R.I. An application was made to us for leave to grant a certificate to file an appeal to the Supreme Court against our order enhancing the sentences. We, by our order dated 30-3-56, rejected that petition also. Thereupon the present petition has been filed praying for suspension of the sentence pending the proposed application for special leave to appeal against our judgment in the Supreme Court.