JITENDRA BHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Crimial P.C. has been filed by the petitioner against the order dated 13.3.2014 passed by the learned Sessions Judge, Sirohi (for short 'the Appellate Court' hereinafter), whereby the application filed by the petitioner under Sec. 389(1) foil 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 offence punishable under Sec. 392 I.P.C. and after conclusion of the trial, the I Trial Court, vide judgment dated 5.3.2014, convicted the petitioner and f sentenced him to undergo three years' rigorous imprisonment. Against the judgment of conviction and sentence dated 5.3.2014, the petitioner filed an appeal before the Appellate Court along with an application under Sec. P 389(1) Crimial P.C. for suspension of the sentence. However, the learned Appellate i Court has rejected the said application vide order dated 13.3.2014 on the ground that if the sentence awarded to the petitioner is suspended and he is released of bail, there is possibility that he may not appear before the Court.

(3.) The learned Counsel for the petitioner has argued that the petitioner is in custody since March, 2013 and has served the sentence for more than one year, It is also contended that there is no reason for the Appellate Court to express the apprehension of absence of the petitioner during the pendency of the appeal. learned Counsel for the petitioner has further argued that the Appellate Court has illegally rejected the application of the petitioner for suspension of sentence and, therefore, the order dated 13.3.2014 may be set aside and the sentence awarded to the petitioner by the Trial Court vide judgment dated 5.3.2014 may kindly be ordered to be suspended and the petitioner may be released on bail.