(1.) Oral Order per D.N. Patel, J. Present application [I.A. (Cr.) No. 1804 of 2009] has been preferred by the sole appellant in Cr. A. (D.B.) No. 1219 of 2008 under Section 389(1) of the Code of Criminal Procedure for suspension of sentence of the appellant -accused, awarded by the trial court.
(2.) HAVING heard learned counsel for both the sides and looking to the evidence collected during the course of trial, there is a prima facie case against the appellant -accused.
(3.) AS a cumulative effect of the aforesaid fact and evidences, there is a prima facie case against the appellant accused. Previously also, the prayer for suspension of sentence was not granted by this Court, vide order dated 17.10.2008. This is the second attempt.