RAKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicants-appellants have preferred this application under Section 389 Cr.P.C seeking suspension of sentence handed down by Addl. Sessions Judge No.6, Jodhpur Metro (for short, 'learned trial Court') by its judgment dated 18 th of January, 2018. Learned trial Court by the impugned judgment indicted applicants for offence under Sections 147 , 148 , 307 / 149 , 323 / 149 , 324 / 149 , 326 / 149 and 450 / 149 and handed down sentences of different denominations with fine, with maximum sentence of seven years' rigorous imprisonment.

(2.) It is contended by learned counsel for the applicants that during trial all the applicants were on bail. It is argued by learned counsel that during trial no evidence of sterling worth was produced to show that all the applicants were members of unlawful assembly and have committed offence in furtherance of common object. It is also argued by learned counsel that none of the applicants have been convicted for substantive offence under Section 307 IPC because the allegations against all of them were found omnibus by the learned trial Court.

(3.) Learned Public Prosecutor has vehemently opposed the application for suspension of sentence.