JASBIR SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THIS order shall dispose of the applications bearing

(2.) SO far as the first application bearing Crl.M.A. no.4801/12 is concerned, it is for recalling of the order dated 12.4.12 and the second application bearing Crl.M.A. no.4802/12 is for keeping the order dated 12.4.12 in abeyance till the time the first application is decided.

(3.) THE third application filed by the appellant bearing Crl.M.B.no.2235/2011 for suspension of sentence and enlargement on bail was considered by this Court inasmuch as the appellant had contended in the said application that he has served more than six years of the total sentence and out of six years, 15 months were undergone by him, after the date of conviction and sentence passed by the learned Special Judge. Accordingly, it was contended by Mr.Nigam, the learned counsel that in terms of the case titled Daler Singh Vs. State of Punjab 2007(1) C.C. Cases (HC) 252, the appellant has satisfied the twin conditions specified therein of having undergone more than half of the total sentence out of which 15 months were undergone by him, after the date of conviction and sentence and, therefore, he be extended the benefit of suspension of sentence and enlargement on bail, as there is no immediate prospect of the appeal being taken up for regular hearing.