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2024 Supreme(Raj) 285

VINIT KUMAR MATHUR, MADAN GOPAL VYAS
Sunder Lal S/o Shri Sohanlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jagatveer Singh Deora
For the Respondent: Mr. Arun Kumar, PP

JUDGMENT:

1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 19.05.2016 passed by the learned Additional Sessions Judge, Sagwada, District Dungarpur in Session Case No.38/2015:

Offence

Sentence

Fine

302 IPC

Life Imprisonment

Rs.25,000/-and in default of which to further undergo three years’ R.I.

4/25 of Arms Act

03 Years’ R.I.

Rs.1,000/-and in default of which to further undergo three months’ R.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 01.04.2022.

3. The only plea raised by learned counsel for the appellant-applicant is that as the applicant is in custody for more than 11 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 15.09.2022 in Sonadhar v. The State of Chhattisgarh : SLP (Crl.) No.529/2021, the sentence of th

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