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2024 Supreme(Raj) 286

VINIT KUMAR MATHUR, MADAN GOPAL VYAS
Babriya S/o Shri Bhera – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kalu Ram Bhati
For the Respondent: Mr. A. R. Choudhary

ORDER :

D.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 167/2024 :

1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 30.03.2018 passed by the learned Additional Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities Cases) Pratapgarh, in Session Case No.131/2013 (121/2013):

Offence

Sentence

Fine

341 IPC

01 Month’s S.I.

---

302/149 IPC

Life Imprisonment

Rs.1,000/-and in default of which to further undergo two months’ S.I.

323/34 IPC

06 Month’s S.I.

---

2. The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. during the pendency of the appeal and for release on bail. Earlier application seeking suspension of sentence was dismissed on 28.11.2018.

3. The only plea raised by learned counsel for the appellant-applicant is that as the applicant is in custody for more than 10 years and there is no chance of hearing of the appeal in near future, thus, in view of the directions of the Hon’ble Supreme Court dated 15.0

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