JUDGEMENT
BELA M. TRIVEDI,J. -
(1.) HEARD learned counsel for the parties on the application for suspension of sentence, awarded by the trial Court.
(2.) APPELLANT has been convicted and sentenced under Section 413 IPC to imprisonment for life, in addition to other offences.
Learned counsel for both the parties have argued their case at length. We have considered their submissions in the light of reasons assigned by the trial Court for convicting the accused-appellant. We have also examined the finding of the trial Court convicting the appellant and record of the trial Court.
There is no dispute that 14 cases of similar nature were instituted against appellant at various police stations and in different States. According to learned counsel for appellant, appellant has been acquitted in six cases and discharged in two cases and only five cases are pending under trial against appellant, whereas the learned counsel for respondents submitted that as per his knowledge, two appeals have already been preferred against the order of acquittal and a revision petition is pending against the order of discharge, but it is not disputed by both the parties that five cases are still pending under trial against appellant, in addition to present case wherein appellant has been convicted and sentenced under Section 413 IPC to imprisonment for life.
Looking to the nature of accusation, quantum of sentence of imprisonment, gravity of offence and further that appellant is a habitual offender, but without expressing any opinion on merits and demerits of the case, we are not inclined to suspend the sentence of appellant.
The application for suspension of sentence is, accordingly, dismissed. Since appellant is in jail, therefore, it is directed that appeal of appellant be listed for hearing as and when paper book is ready.
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