- (1.) This IInd suspension of sentence application has been filed by the applicant under Section 397 readwith Section 401 CrPC.
(2.) Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 16.5.2018 for the offence under Section 454 and 380 IPC and sentenced to undergo 3 years' RI with a fine of Rs. 1000/-; in default of payment of fine, to further undergo 1 month's SI for each offence. He filed the appeal, but the appellate Court vide its judgment dated 14.9.2018 dismissed the appeal and affirmed the judgment passed by the Trial Court. He further submits that out of the sentence of 3 years, the applicant has already undergone 2 years and 8 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 petition.
(3.) Learned Public Prosecutor has opposed same.;