SUMIT BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dtd. 21/9/2023 passed by the learned District Judge, District Shri Ganganagar in Sessions Case No.16/2014 (CIS No.457/2014) whereby they were convicted and sentenced to suffer maximum punishment of seven years' rigorous imprisonment along with fine of Rs.5,000.00 under Sec. 307/24 of IPC and lesser punishment for the other offences under Ss. 323/34 and 341 of 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 being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned public prosecutor as well as learned counsel for the complainant have vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.