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Judgment
Vivek Rusia, J
Heard on IA No.15229/2023, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of temporary bail filed on behalf of the appellant No.1- Vikas.
2 . The appellant has been convicted for commission of offence punishable under Sections 326, 327 of IPC and sentenced to undergo 10 years' R.I., 3 years' R.I. with fine of Rs.500/-, Rs.500/- respectively and Section 25(1-B)(B) of Arms Act and sentenced to undergo 1 year's R.I. with fine of Rs.200/-with default stipulation.
Learned counsel for the appellant submits that the appellant has been referred to M.Y. Hospital and has been advised for surgery as his hemoglobin in below 5 gm. He, therefore, prays for grant of temporary suspension of sentence for the period of 3 months.
On the other hand, learned Government Advocate appearing for the respondent/State prays for rejection of the application.
As per the report received from the jail, the treatment is being given, the deceased in only bleeding from Piles which is a curable disease and is not life threatening. No treatment from Higher Center is required, therefore, at this stage, no case for grant of temporary suspension is made out.
In view of the above, I.A. No.15229/2023 is dismissed.