(1.) This is an application under section 389 of the Code of Criminal Procedure, 1973 at the instance of a convict (original accused No.1) seeking suspension of the substantive order of sentence of life imprisonment passed by the Additional Sessions Judge, Botad dated 3/11/2018 in Sessions Case No.105 of 2013.
(2.) We take notice of the fact that in all 4 accused were put on trial for the offence punishable under sections 302 , 397 , 506(2) read with 34 and 114 of Indian Penal Code and section 135 of the Gujarat Police Act.
(3.) Against the judgement and order of conviction, the applicant has preferred Criminal Appeal No.249 of 2019. The appeal filed by the applicant herein has been admitted and is now pending for final hearing.