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Judgment
Gopal Krishan Vyas, J.—Heard learned Counsel for the petitioners on the prayer for interim relief.
It is submitted by learned Counsel for the petitioners that the accusedpetitioners have been convicted for offence punishable u/s 19/54A of the Excise Act and sentenced to undergo rigorous imprisonment for one year. Learned Counsel for the petitioners argues that the judgments of both the Courts below deserve to be set aside since there is material perversity in the finding arrived at by the trial Court inasmuch as copy of malkhana register which is the sole evidence of protecting the alleged liquor was not exhibited which only creates doubt in the prosecution case and as such benefit of doubt goes in favour of the accused.
The learned Public Prosecutor opposes the prayer of learned Counsel for the petitioner for the interim relief by way of suspension of sentence.
Without expressing any opinion on the merit of the case, it is ordered that while the petition is pending disposal, in the meantime, sentence of imprisonment awarded to the petitioners shall remain suspended. Accordingly, it is directed that the petitioners may be released provided each of them executes a personal bond in the sum of Rs. 20,000/- and furnishes two sureties for a sum of Rs. 10,000/- each to the satisfaction of the learned trial Court for their appearance before this Court on 28.03.2007 and on all the subsequent dates as fixed in the case.