PAPODI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor on the application under Section 389 Cr.P.C. filed on behalf of the accused -petitioner, Papodi S/o. Babu Lal for suspension of sentence imposed upon him vide judgment dated 15.07.2006 passed by Additional Chief Judicial Magistrate, Karauli, District Karauli in Criminal Misc. Case No. 300/2002, whereby learned trial court has convicted and sentenced the accused -petitioner under Section 279 IPC to three months simple imprisonment; under Section 337 IPC to three months simple imprisonment; under Section 338 IPC to six months simple imprisonment and under Section 304A IPC to one year's simple imprisonment with fine of Rs. 5,000/ -, in default of payment of fine to further undergo one month's simple imprisonment. Learned First Appellate Court, i.e. Additional District and Sessions Judge, Karauli vide judgment dated 16.01.2013 in Criminal Appeal No. 102/2012 (9/2009) dismissed the appeal filed by the accused -petitioner and maintained the judgment passed by the trial court. Learned counsel for the petitioner submits that the petitioner was on bail during trial. At present, he is behind the bar since 16.01.2013 and decision of this revision petition will take long time, therefore, the sentence imposed upon the accused -petitioner may be suspended during pendency of this revision petition.

(2.) LEARNED Public Prosecutor opposed the application for suspension of sentence of the accused -petitioner.

(3.) HAVING considered the facts and circumstances of the case and also the impugned judgments passed by both the courts below, but without expressing any opinion on the merits of the case, I deem it just and proper to suspend the sentence awarded to the accused -petitioner.