KAMLESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a fourth application for suspension of sentence preferred by the applicant ­ appellant - Kamlesh Kumar s/o Rameshwar Lal Garg, resident of Buriya Kheda, Police Station Kapasan, district Chittorgarh, who is presently lodged in Central Jail, Udaipur under Section 389 Cr.P.C. The applicant ­ appellant was convicted for the offences punishable under Section 498-A for 3 years' R.I. and for the offence punishable under Section 304-B IPC for 10 years' R.I. vide impugned judgment and order dated

(2.) 11.2006 of the learned Additional District Judge (Fast Track), Chittorgarh in Sessions Case No.23/06 (18/06). 2. Learned counsel for the applicant ­ appellant, Mr. Mahesh Bora, Sr. Advocate submits that the applicant ­ accused Kamlesh Kumar s/o Rameshwar Lal has been convicted for the offence under Section 304B IPC and was directed to undergo sentence of 10 years' R.I. vide impugned judgment and sentence order dated 02.11.2006. He also submits that the accused is in custody since 28.03.2006 and has suffered more than a period of 6 1/2 years, against the sentence of 10 years imposed upon him and the present appeal preferred by the accused appellant being S.B. Criminal Appeal No.991/2006 is not likely to be heard in near future since the present appeal is of the year 2006 and the appeals of the years 2003-04 are being heard by the concerned Bench of this Court and, therefore, very purpose of filing of the present appeal would be frustrated, if the sentence awarded to the accused ­ appellant is not suspended by this Court at this stage and the applicant ­ appellant will complete his sentence without the appeal being heard.

(3.) LEARNED Public Prosecutor, Mr. K.R. Choudhary, does not seriously dispute the factum of incarceration, however, submits that looking to the nature of the offences, the application for suspension of the sentence of the accused ­ applicant, deserves to be dismissed.