VIKRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner under Sec. 397/401 Cr.P.C. against the order dtd. 21/3/2024 passed by learned Addl. Sessions Judge, Bhinmal, District Jalore, whereby the learned Judge rejected the petitioner's application filed under Sec. 389 Cr.P.C. for seeking suspension of sentence awarded by the learned Judicial Magistrate, Raniwara, District Jalore vide judgment dtd. 4/3/2024.

(2.) Counsel for the petitioner submits that the trial court vide judgment dtd. 4/3/2024 convicted the petitioner for offence under Sec. 120B IPC and sentenced him for three years S.I. and imposed a fine of Rs.20,000.00 and in default of payment of fine, to further undergo 15 days S.I. Counsel submits that the petitioner has filed an appeal against his conviction before the learned appellate court and an application under Sec. 389 Cr.P.C. for suspension of sentence was also filed. The learned appellate court rejected the application by the impugned order dtd. 21/3/2024 only on the ground that the petitioner was never granted bail by the trial court, by the appellate court as well as by this Court and he has been in judicial custody since his arrest. Counsel submits that the petitioner's counsel appearing before the appellate court will argue the appeal on merit, but till then, the application under Sec. 389 Cr.P.C. may be allowed as the petitioner has every hope of success in appeal and he is behind bars for about fifteen months, whereas the trial court has awarded a sentence of three years SI.

(3.) Learned Public Prosecutor has opposed the prayer made by the counsel for the petitioner.