JUDGEMENT
M.C. Sharma, J. -
(1.) The applicant Jaipal filed this criminal misc. stay application No. 681 of 2008 in S.B. Criminal Appeal No. 255 of 2008 under Sec. 389 Cr.P.C. for staying judgment of conviction dated 1.3.2008 passed by Additional Sessions Judge (Fast Track) Tijara, Distt. Alwar in Sessions Case No. 126 of 2007 (62/2004) convicting the accused applicant for offence under Ss. 148, 323, 325 and 307 IPC and sentencing him for Two years RI, One year RI, Three years RI and fine of Rs. 1,000, in default two months RI and Six years RI and fine of Rs. 5000/ -, in default of fine two months RI respectively. All the sentences were ordered to run concurrently. The appeal filed by the applicant along with other co -appellants was admitted by this court on March 12, 2008. Along with the appeal No. 255 of 2008, the applicant and the co -applicants filed criminal misc. suspension of sentence application, which was registered as Application No. 288 of 2008. Prayer Clause in the application reads as under:
It is, therefore, humbly prayed that your Lordships may very graciously be pleased to accept this application for suspension of sentence and release the accused petitioners on bail during the pendency of the appeal and the sentence awarded to the accused petitioners may kindly be suspended till the disposal of this appeal or any appropriate order which this Hon'ble Court may deem fit in favour of the accused petitioners may kindly be passed in the facts and circumstances of this case.
On the application for suspension of sentence this court passed following order on March 26, 2008:
(2.) Now filing the present application No. 681 of 2008, the applicant Jaipal prayed as under:
It is, therefore, most humbly prayed that this Hon'ble Court may very graciously be pleased to allow this application. The impugned judgment of conviction may kindly be stayed during pendency of the annexed appeal before this Hon'ble Court.
Any other appropriate orders/directions which this Hon'ble Court deem just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the humble appellant applicant.
(3.) This application was presented before this Court on July 24, 2008. One way or the other the application could not be heard. Arguments on this application were concluded on August 31, 2009.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.