HEMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 19/4/2018 passed by the learned Judicial Magistrate, Osian, District- Jodhpur in Regular Criminal Case No.619/2009 whereby the petitioner was convicted and sentenced to suffer maximum punishment of two years simple imprisonment along with compensation fine of Rs.5,000.00 under Sec. 458 of IPC and lesser punishment for other offences under Sec. 354 IPC.

(2.) It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this Court. Hearing of the revision petition is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned Additional Government Advocate has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.