JUDGMENT

Uma Shanker Vyas, J. - Heard.

2. Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.

3. Learned counsel for the appellant submits that accused appellant has been awarded maximum sentence of 10 years and out of that he has already served about 8 years of sentence. Learned counsel for the appellant submits that similarly situated co-accused Sunil @ Pintu Rao has already been granted bail by the co-ordinate Bench of this Court. Counsel further submits that there is no evidence on record to hold the convict guilty of the offences and hearing of the appeal shall taken long time, therefore, the present suspension of sentence may be allowed.

4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellant.

5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Addl. Sessions Judge No.3, Chittorgarh, vide judgment