RAMPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Also heard on I.A. No.18580/2023, which is an application filed under Sec. 389(1) of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.

(2.) The appellant has been convicted under Ss. 436 of I.P.C. and sentenced to undergo 03 years with fine and default stipulations.

(3.) Learned counsel for the appellant submitted that the learned trial Court has not suspended the sentence of the appellant because earlier he was absconded and was in jail at the time of judgment, there is only short sentence of three years and contradictions and omissions in the statements of the witnesses. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellant be allowed.