GOPAL LAL AGARWAL 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. 13/9/2021 passed by the learned Judicial Magistrate, No.2, District- Udaipur in Criminal original Case No.1076/2012 whereby he was convicted and sentenced to suffer maximum punishment of three years simple imprisonment along with fine of Rs.5,000.00under Sec. 471 of IPC as well as Sec. 474 of IPC.

(2.) Shri Prakhar Agrawal, son of the petitioner, is present in person along with his counsel Shri Shreekant Verma. Learned counsel for the petitioner submits that the possession of the shop in question which was let out to the petitioner and for which the rent note was allegedly fabricated by him, has been vacated and possession of which has been handed over to the landlord who is the complainant of this case. A copy of the receipt of the possession dtd. 27/8/2023 has been shown to this Court and the same be placed on record. It is further contended 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 Public Prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.