KANARAM 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. 28/7/2023 passed by the learned Session Judge, Sirohi in Sessions Case No.11/2017 whereby he was convicted and sentenced to suffer imprisonment of six months' simple imprisonment along with a fine of Rs.1,000.00 under Sec. 15 (3) of Indian Medical Council Act, 1956.

(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. He was on bail during trial and did not misuse the liberty so granted to him; 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 has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.