SANJAY Vs. STATE

JUDGEMENT

(1.) An application has been preferred on behalf of the appellant under Sec. 389 of the Code of Criminal Procedure, 1973 ('Cr.P.C') for suspension of sentence in FIR No. 189/2004 under Ss. 307/353/186 IPC and 25/27 Arms Act registered at PS: Tilak Marg during the pendency of the appeal.

(2.) Learned counsel for the appellant submits that the appellant was convicted vide judgment dtd. 13/3/2023 and further sentenced vide order dtd. 21/4/2023 to undergo Rigorous Imprisonment (RI) for a period of Seven years and fine of Rs.25,000.00 for offence punishable under Sec. 307 IPC; SI for a period of three months under Sec. 186 IPC; RI for a period of three years and fine of Rs.10,000.00 for offence punishable under Sec. 25 Arms Act; RI for a period of five years and fine of Rs.10,000.00for offence punishable under Sec. 27 Arms Act and in default of payment of fine, to undergo SI for 6 months. Benefit of Sec. 428 Cr.P.C was also given to the appellant.

(3.) Learned counsel for the appellant submits that no injury was sustained by any person in the alleged incident and the case has been fabricated by the police. It is also pointed out that no public witness was joined in investigation to corroborate the alleged incident. The appellant is stated to have undergone more than half of the sentence.