RADHEY SHYAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petitioner's application for suspension of sentence during the pendency of the appeal, which was admitted on 18.2.1996.

(2.) VIDE impugned judgment of the Special Judge dated 12.12.1996 petitioner has been held to be guilty of offence under Section 3 of the Essential Commodities Act and accordingly has been sentenced to suffer a rigorous imprisonment for 2 years as well as to pay a fine of Rs. 5,000/ -. In default of fine, he has been further ordered to suffer rigorous imprisonment for another four months. According to the petitioner fine of Rs. 5,000/ - has been deposited.

(3.) PETITIONER has sought suspension primarily on the ground that he had been afforded the benefit of bail during trial and even after his conviction he was permitted to remain on bail upto 24.12.1996 and as the appeal is otherwise likely to be accepted his detention would cause irrepairable injury which cannot be compensated. Counsel has placed reliance upon the decision of the Allahabad High Court in Bhola and Ors. v. State, 1974 Cri. L.J. 1318.