KUNAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence under Sec. 389 CrPC has been preferred on behalf of the appellant-applicant Kunal Singh S/o. Narendra Pal Singh Tanwar, who has been convicted for the offence under Sec. 386 r.w. Sec. 114 of the IPC and sentenced to five years rigorous imprisonment with fine of Rs.10,000.00 and in default to under further three months rigorous imprisonment vide the judgment dtd. 18/8/2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Bhilwara in Sessions Case No. 05/2020.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) Learned counsel for the applicant-appellant submits that the findings arrived at by the learned trial Court and consequently the order of the sentence passed by the trial Court is not sustainable in eye of law, as the learned trial Court has miserably failed to appreciate the correct, legal and factual aspect of the matter. It is further submitted that the evidence adduced by the prosecution is not sufficient enough to bring home the guilt of the applicant-appellant for the offence under Sec. 386 r.w. Sec. 114 of the IPC. It is further submitted that the applicant-appellant has been convicted under Sec. 386 r.w. Sec. 114 of the IPC only and has been ordered to suffer maximum five years rigorous imprisonment with a fine of Rs.10,000.00. The applicant-appellant remained on bail during trial and he never misused the liberty so granted in his favour. He is behind the Bars since 18/8/2021. The applicant-appellant is ready to furnish bail bonds as per directions of this Court and would be abided by the conditions, if any, imposed by this Court. Hearing of the appeal would likely to take a long time thus, he craves that the application for suspension of sentences filed on behalf of the applicant-appellant be accepted.