S.K. HYDER Vs. THE STATE OF ODISHA

JUDGEMENT

(1.) The petitioner was convicted for an offence under Sections 302 and 34 of the Indian Penal Code and sentenced to life imprisonment by the Trial Court. On 16th March, 2011 he filed an appeal under Section 374 (2) of the Cr.P.C. before the High Court along with the application for suspension of sentence.

(2.) The application for suspension of sentence was initially listed on 28th September, 2012 and was being continuously adjourned thereafter. The last order passed by the High Court in the application for suspension of sentence was on 6th February, 2018 when the matter was adjourned to enable the Government Advocate to get instructions. The Special Leave Petitions are filed against the said order of the High Court dated 6th February, 2018.

(3.) We were informed by Mr. Narender Hooda, learned senior counsel appearing on behalf of the petitioner on the last date of hearing that the application for suspension of sentence has undergone more than 75 adjournments without the same being decided on merits. By an order dated 01st March, 2019 we directed the Registrar (Judicial), High Court of Orissa to transmit a copy of the record of the application for suspension of sentence (in Misc.Case Nos.615-616 of 2011 in Crl.A. No.240 of 2011) to this Court to enable us to examine the reasons for repeated adjournments that the application has undergone. A copy of the record was transmitted by the Registrar (Judicial), High Court of Orissa to this Court.