1. - Aggrieved by the order dated 02nd February, 2011, passed by the learned Sessions Judge, Jaipur District, Jaipur, whereby the learned Judge has denied the application for suspension of sentence to the petitioner, the petitioner has approached this Court.

2. Admittedly vide order dated 17.01.2011, the petitioner, along with other co-accused persons, was convicted for offences under Section 407 read with Section 120B IPC. Meanwhile, he was acquitted for offence under Section 420 IPC. The petitioner filed an appeal against the said judgment as well as filed an application for suspension of sentence under Section 389 Cr.P.C. However, vide order dated 02nd February, 2011, the learned Judge has dismissed the application for suspension of sentence.

3. Mr. Anshuman Saxena, the learned counsel for the petitioner, has contended that the reasoning given by the learned Judge is unsustainable in law. According to the learned Judge, since the petitioner was denied bail both by the Session Court as well as by the High Court during the course of trial, his sentence cannot be suspended at the appellate stage. However, if this reasoning were to be accepted, it would make the denial of bai