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2022 Supreme(Raj) 356

SANDEEP MEHTA, KULDEEP MATHUR
Yash Kumar @ Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ramesh Purohit, Advocae.
For the Respondent: Mr. B.R. Bishnoi, AGC.

JUDGMENT :

1. The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant-applicant Yash Kumar @ Prakash S/o Shri Hanuman Prasad Agrawal who has been convicted and sentenced as below vide judgment dated 04.03.2022 passed by learned Addl. Sessions Judge No.2, Bhilwara in Sessions Case No.10/2015 (116/2015):

Offence Under Section

Imprisonment 

Fine 

Sentence in default of fine

302/34 IPC

Life imprisonment

Rs.20,000/-

Year's RI

397/34 IPC

7 Years' RI

--

--

398/34 IPC

7 Years' RI

-- 

-- 

120B IPC

3 Years' RI

Rs.2,000/- 

1 Month's RI 

All the sentences were ordered to run concurrently.

2. Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentences and proposes to argue the matter orally.

3. The applications for suspension of sentences filed on behalf of the co-accused Manoj and Sanjay Acharya have been accepted by this Court vide order dated 12.07.2022 with the following observations:-

    "These two applications under Section 389 (1)

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