CHATRA RAM @ SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 6.1.2014 passed by the Additional Sessions Judge, Abu Road, District 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 24.9.2013 passed by the Judicial Magistrate, First Class, Pindwara (hereinafter referred to as 'the Trial Court') in Criminal Case No. 734/2012, the petitioner was convicted for the offences under Sections 457 and 380 l.P.C. and was sentenced to undergo two years simple imprisonment for each offence and a fine of Rs. 2,000/- is also imposed for each offence. It has also been ordered by the Trial Court that in default of payment of fine, the petitioner shall further undergo one month's Simple imprisonment for each offence.

(3.) Being aggrieved with the judgment dated 24.9.2013, the petitioner preferred an appeal being Appeal No. 31/2013 before the Appellate Court, which is pending. Along with the said appeal, the petitioner has moved an application under Section 389 Cr.P.C. for suspension of sentence awarded by the learned Trial Court vide judgment dated 24.9.2013. The said application was rejected by the Appellate Court vide impugned order while observing that since the petitioner was not granted the benefit of bail during the pendency of the trial, the sentence awarded by the learned Trial Court is not liable to be suspended.