JEETU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner against the order dated 22.01.2014 passed by the learned Sessions Judge, Sirohi (for short 'the appellate court' hereinafter), whereby the application of the petitioner moved under section 389(1) for suspending the sentence awarded to him by the trial court has been rejected.

(2.) Brief facts of the case are that the petitioner was put to trial for the offences punishable under sections 454, 380 IPC and after conclusion of the trial, the trial court, vide order dated 17.01.2014, convicted the petitioner and sentenced him to undergo three years' rigorous imprisonment. Against the order of conviction and sentence dated 17.01.2014, the petitioner has filed an appeal before the appellate court, and along with the said appeal, an application under section 389(1) Cr.P.C. for suspension of the sentence has also been filed. However, the learned appellate court has rejected the said application on the ground that during the course of trial, the petitioner remained absent for 3-4 times and on account of that, the trial prolonged and other cases of similar nature are pending against him. The appellate court has observed that if the sentence awarded to the petitioner is suspended, then there is a possibility that he may again remain absent and, therefore, the appellate court did not find it appropriate to suspend the sentence awarded to the petitioner.

(3.) The learned counsel for the petitioner has argued that the appellate court has rejected the application of the petitioner for suspension of sentence solely on the ground that during the course of trial, the petitioner remained absent for 3-4 times. It is contended by the learned counsel for the petitioner that the absence of the petitioner, during the course of trial, cannot be a reason for refusing to suspend his sentence, and the appellate court has illegally rejected the application of the petitioner and, therefore, the learned counsel for the petitioner prays that the order dated 22.01.2014 may kindly be set aside and the sentence awarded to the petitioner by the trial court vide order dated 17.01.2314 may be suspended and the petitioner be released on bail.