BALWANT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 8.5.2014 passed by the learned Sessions Judge, Sirohi (hereinafter referred to as 'the appellate court') on an application filed by the petitioner for suspension of sentence under Section 389 Cr.P.C.

(2.) Brief facts of the case are that vide judgment dated 7.2.2014, the petitioner along with one Ashok Kumar was convicted by the Judicial Magistrate, First Class, Revdar (hereinafter referred to as 'the trial court') in Criminal Case No.89/2013 for the offences punishable under Sections 457 and 380 I.P.C. and was sentenced to undergo three years' rigorous imprisonment for each offences and a fine of INR 5,000/- was also imposed for each offence. It was also ordered by the trial court that in default of payment of fine, the petitioner and other co-accused shall further undergo one month's simple imprisonment for each offence.

(3.) Being aggrieved with the judgment dated 7.2.2014, the petitioner preferred an appeal before the appellate court which is pending. Along with the said appeal, the petitioner moved an application under Section 389 Cr.P.C. for suspension of sentence awarded by the learned trial court vide judgment dated 7.2.2014. The said application was rejected by the trial court vide order dated 8.5.2014 while observing that in three of six cases, the Juvenile Justice Court released the petitioner on probation and in two other similar nature of cases, the trial is pending against him and, therefore, the sentence awarded by the learned trial court is not liable to be suspended during the pendency of the appeal. Being aggrieved with the order dated 8.5.2014, the petitioner has filed this criminal misc. petition.