JASBEER SINGH Vs. ASHOK

JUDGEMENT

(1.) Heard learned counsel for the parties on I.A. No.1662/2016, first application under Section 389(1) Cr.P.C. for suspension of custodial sentence of appellant - Barka.

(2.) The appellant- Barka has been convicted under Section 326 of the IPC and has been sentenced to under go 5 years RI with fine & usual default stipulation.

(3.) Learned counsel for the appellant submits that appellant is in jail since 18/12/2014. It is further submitted that medical evidence suffers from serious anomalies and learned trial Court has not properly appreciated the evidence while recording the conviction against appellant. It is also submitted that the appeal is likely to take time and if the sentence is not suspended then, it shall be rendered infructuous.