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Judgment
Considered I.A.No.8751/2020, which an application for condonation of delay.
As per office note, there is delay of only one day in filing the revision.
For the reasons stated in the application, the same is allowed.
Accordingly, I.A.No.8751/2020 is allowed.
Heard.
The revision is admitted for final hearing.
Also considered I.A.No.6491/2020, an application for suspension of sentence.
This is first application for suspension of sentence on behalf of the applicant-Babalu Sharma who has been convicted by the learned lower appellate
Court vide impugned judgment dated 06.3.2020 in Criminal Appeal No.39/2015 for offences under sections 304 Part-II read with section 34 of Indian
Penal Code and under section 15(1)(Chh) of Juvenile Justice (Care & Protection) Act and sentenced to undergo rigorous imprisonment for 3 years
each.
Learned counsel for the applicant submits that the learned lower appellate court has not properly appreciated the oral and documentary evidence
available on record. He further submitted that applicant has no past criminal record. The applicant is aged about 20 years and further looking to the
Covid-19 pandemic, disposal of this revision would take considerable time. Hence, prayed that the sentence of the applicant be suspended.
Learned Panel Lawyer has opposed the prayer for grant of suspension of sentence.
Considering the facts and circumstances of the case and without commenting on merits of the case, the application for suspension of sentence is
allowed. The remaining jail sentence of applicant-Babalu Sharma is suspended. It is directed that applicant shall be released on bail on his furnishing
bail bond of Rs.30,000/- [Rupees Thirty Thousand only] with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant is
directed to appear before the trial Court on 21.12.2020 and on all subsequent dates as may be directed in this regard by the said Court.
I.A.No.6491/2020 is allowed.