JUDGEMENT
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(1.) Prayer in this application is for suspension of sentence
of the applicant-appellant, Nawab, son of Hoshiar, resident of
Village Dabas Majara, Police Station, Kanjhawala, Delhi, who was
held guilty for the offences punishable under Sections 341, 395
and 397, IPC, and sentenced to undergo the imprisonment as
under:-
Section 395 read with
Section 397, IPC.
RI for 7 years, besides fine of Rs 5,000/-. In
default of payment of fine to further
undergo RI for three months.
Section 341, IPC. RI for one month.
(2.) Both the substantive sentences were ordered to run
concurrently.
(3.) Learned counsel submits that out of the maximum
awarded substantive sentence of 7 years, the applicant-appellant
has suffered incarceration for 1 year and more than 7 months.
He further submits that the co-accused of the applicant-appellant
have already been extended the benefit of suspended sentence
by this Court vide order dated 24.5.2012. He further submits that
the applicant-appellant is neither involved nor required in any
other case. He also submits that there are fairly arguable points
in the appeal and the same is not likely to be heard or decided in
the near future in view of the heavy pendency of the cases.
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