SHYAM LAL S/O SHRI CHAMPA LAL, BY CASTE REGAR, R/O RANIKHERA NIMBAHERA POLICE STATION, DISTRICT CHITTORGARH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the applicant-appellant as well as learned Public Prosecutor.

(2.) It is submitted by the learned counsel for the applicant-appellant that during trial the accused-appellant was on bail but during trial, the bail bonds were forfeited due to his non-appearance before the court. Thereafter till completion of the trial, he remained in custody so also till today, he is in judicial custody. The learned counsel for the accused-appellant submits that except complainant and his wife, all other eye witnesses turned hostile and did not support the prosecution case, therefore, the findings arrived by the learned trial court suffers from illegality and infirmity, therefore, the sentence awarded to the accused-appellant may kindly be suspended.

(3.) The learned Public Prosecutor vehemently opposed the instant application for suspension of sentence and submits that it is not fit case for suspending the sentence.