(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The present application is filed seeking suspension of sentence awarded by the learned 3rd Additional Sessions Judge, Mehsana, Camp-Visnagar in Sessions Case No.105 of 2011 by Judgment and Order dated 15.03.2012. The learned 3rd Additional Sessions Judge was pleased to hold the convict guilty under section 304 of the Indian Penal Code and sentence him for ten years imprisonment and fine of Rs.5000/- in default one years Rigorous Imprisonment.
2. Learned Advocate for the applicant Ms. Kiran D. Pandey submitted that there is a good case on merit in favour of the convict and therefore the sentence awarded is required to be suspended during the pendency of appeal.
3. Despite strenuous efforts, the learned Advocate for the applicant could not point out as to why the learned 3rd Additional Sessions Judge has recorded conviction, if according to the learned Advocate, there is no eye-witness.
4. We have perused the Judgment and we are of the opinion that there is no case made out for suspension of sentence. Hence, this application is rejected.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) Sunil W.
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