RASHEED KHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Public Prosecutor on the application under Section 397/401 Cr.P.C. filed on behalf of the accused -petitioner, Rasheed Khan S/o. Shri Habib Khan Kasai for suspension of sentence imposed upon him vide judgment dated 21.06.2007 passed by Chief Judicial Magistrate, Jhalawar (Rajasthan) in Regular Criminal Case No. 296/2003, whereby learned trial court has convicted and sentenced the accused -petitioner under Section 203(1) of Rajasthan Municipalities Act to one year's simple imprisonment with a fine of Rs. 5,000/ -, in default of payment of fine to further undergo one month's additional simple imprisonment. Learned First Appellate Court, i.e. Special Judge, SC/ST(Prevention of Atrocities) Act Cases, Jhalawar (Rajasthan) vide judgment dated 22.01.2013 in Criminal Appeal No. 54/2007(60/2007) 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 as well as during pendency of the appeal. He is behind the bar since 22.01.2013 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.