( 1. ) RULE returnable forthwith. Mr.J.K.Shah, learned APP for the State waives service of notice of rule for and on behalf of the respondent State.

( 2. ) THIS is an Application under Section 389 of the Code of Criminal Procedure preferred by the accused-applicant, praying for suspension of the substantive order of sentence imposed by the Additional District and Sessions Judge, Sabarkantha at Himmatnagar (camp at Idar), dated 21st May 2011 passed in Sessions Case No.159/2007, whereby the Additional District and Sessions Judge convicted the accused-applicant for the offences punishable under Sections 397, 395, 342, 506(2) read with Section 120B of the Indian Penal Code.

The trial Court, while convicting the accused-applicant for the offences punishable –

(a) under Section 395 IPC, has ordered the accused-applicant to undergo rigorous imprisonment for a term of 7 years with fine of Rs.5,000=00 and in default of payment of fine, further simple imprisonment of one year.

(b) under Section 397 IPC, has ordered the accused applicant to undergo rigorous imprisonment for a term of 7 years.

(c) under Section 342 IPC, has ordered the accused applicant to undergo rigorous imprisonment fo