ARJUN GOP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (henceforth 'Cr. PC), the applicants, two in numbers, languishing in jail, have filed the instant revision questioning the legality and correctness of the order dated 18-6-2014 passed by the appellate Court in Criminal Appeal No. 19/2004 declining to exercise the jurisdcition under Section 389(1), Cr. PC. to suspend the sentence during the pendency of the appeal.

(2.) The facts, in brief, are as under :

(3.) Shri Vimlesh Bajpai, learned counsel appearing for the applicants would submit that the maximum jail sentence awarded to the applicants is one year and as on 18-6-2014, applicant Arjun Gop had remained in custody for six months and four days and applicant Manoj Das for four months. The rejection of the application for suspension of sentence should be supported by an exceptional reason, otherwise the appeal itself will become infructuous. Therefore, the instant revision be allowed and the sentence be suspended.