RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on the application for suspension of sentence. Carefully gone through the judgment and order passed by both the Courts below as also the record of the trial Court.

(2.) Learned counsel for the petitioner submits that in view of the language of Section 397 Cr.P.C. it is not incumbent on the convict to surrender before seeking suspension of sentence. Learned counsel has relied on a decision of Kerala High Court in Ibrahim v. State of Kerala' wherein Kerala High Court held as under:

(3.) Learned Public Prosecutor and learned counsel appearing for the complainant have opposed the application seeking suspension of sentence and submit that sentence is normally suspended when the accused is detained in jail and since the petitioner did not surrender, therefore, the sentence awarded to him may not be suspended.