NARESH KUMAR AND ANR Vs. STATE AND ORS

JUDGEMENT

(1.) This application was filed by the applicant/appellant No.1 Naresh Kumar seeking suspension of sentence imposed upon him by an order dtd. 9/10/2012 upon his conviction on 8/10/2012 for commission of offence under Ss. 302/34 RPC and Ss. 4/25 of Arms Act. The application was taken up for consideration on 27/12/2018 and detailed submissions were made by the counsel for the applicant and Mr. Natnoo, learned AAG on behalf of the State. We had also an occasion to hear Mr. P.N.Raina, learned Senior Counsel for the complainant.

(2.) We had noted the factual background in detail in our order recorded on 27/12/2018 as well as the apprehensions expressed by Mr. P.N.Raina, learned Senior Counsel for the complainant.

(3.) We had noted in our order dtd. 27/12/2018 that the applicant/appellant No.1 has roots in society; that his brother was serving in the Indian Army and that the family would facilitate the applicant/appellant in conforming to the society norms if his sentence was suspended. However, having regard to the apprehensions expressed on behalf of the complainant, we had, on 27/12/2018, suspended the sentence of applicant/appellant No.1 only for a period of five weeks w.e.f. 28/12/2018 to enable this Court to evaluate the conduct of the applicant/appellant while set at liberty. No complaint is made before us today of any misbehaviour on the part of the applicant/appellant No.1 after his release.