Naresh Kumar Sanghi, J. - (1.) PRAYER in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of applicant -appellant No. 1 -Vinod, who was held guilty for having committed the offences punishable under Sections 342, 366, 376G and 506, IPC, and ordered to undergo the following sentences:
(2.) ALL the substantive sentences were ordered to run concurrently. Learned counsel contends that applicant -appellant No. 1, Vinod, is neither required nor involved in any other case. He has already suffered incarceration for five years and approximately seven months out of the maximum awarded sentence of ten years. There are fairly arguable points in the appeal and the similar situated co -convict of the applicant -appellant, namely, Bablu, has already been extended the benefit of suspended sentence vide order dated 17.02.2014.
(3.) LEARNED counsel for the State has produced an affidavit of the Superintendent of Prison, District Prison, Jind, dated 11.03.2014, showing the period of incarceration suffered by the applicant -appellant No. 1, which is taken on record.;