PRAKASH GUPTA, J. - (1.) This application for suspension of sentence has been filed by the applicant under Section 389 CrPC.
(2.) Learned counsel for the applicant has contended that the applicant was on bail during trial and presently he is in judicial custody. He has annexed the certificate under Rule 311(3) of Rajasthan High Court Rules, 1952 to this effect. He further submits that the applicant is in judicial custody for the last about 5 months. He has prayed that in this view of the matter, this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the appeal.
(3.) Learned Public Prosecutor has opposed same.;