(1.) THE alleged recovery made from the appellant is non- commercial. The appellant has been sentenced to undergo five years R-1 by the learned trial Court. Counsel for the appellant contends that the appellant has by now undergone 3 years and 2 months R.I. as he is in jail since September, 2000. This fact is not disputed by the learned State counsel. Counsel for the appellant has also highlighted certain violations of the mandatory provisions.
(2.) WITHOUT commenting anything on the merits of the case and further keeping in view the fact that the appellant has undergone more than 3 years out of substantial sentence of 5 years, he deserves the concession of suspension of sentence.