LAL ALIAS RAM DEV Vs. STATE

JUDGEMENT

(1.) AN application on behalf of applicant Lal @ Ram Dev under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 4.4.2009 passed by learned Additional District & Sessions Judge (Fast Track) No.2, Bundi in sessions case no.38/2008 whereby applicant has been convicted for the offence under Sec.324 and 326 IPC and sentenced to maximum period of 5 years' rigorous imprisonment along with fine.

(2.) LEARNED counsel for the applicant submits that injured and the appellant are brothers and the injuries inflicted are not found to be dangerous to life and they are not on vital part. He further submits that the appellant is already in custody for about 17 months ever since he was2 arrested in this case and that the prosecution has failed to produce radiologist who examined the injured for the grievous hurt causing bone injury. LEARNED counsel for the appellant submits that 10 accused persons were put on trial and out of them accused appellant has been convicted and rest have been acquitted and other accused were also assigned injury by sharp edged weapon. LEARNED counsel for the applicant submits that looking to the nature of offence and quantum of sentence, he deserves to be granted benefit of grant of bail.