SHABBIR SALEMAMAD SHEIKH Vs. JAIL SUPERINTENDENT

JUDGEMENT

(1.) Heard. With consent of learned advocates for the parties and as per order dated 3.7.2018 the matter was kept on 10.7.2018 and upon adjournment, today it is taken up for hearing.

(2.) This application is preferred by the applicant/original accused No.2, a convict under Section 302 read with Section 34 and in jail since 7th December,.2015 under section 389 of Code of Criminal Procedure, 1973 with a prayer to suspend the order of sentence passed by learned 3rd Additional Sessions Judge, Kutch-Bhuj in Sessions Case No.37 of 2014.

(3.) Mr. A.D.Shah, learned counsel appearing for the applicant/original accused No.2, at this stage, addressed the Court by taking us to the evidence of eye witnesses so projected by the prosecution namely P.W.3 Suleman kasam Sameja, P.W.10 Soyeb Sameja vis-a-vis nature of injuries in Column 17 of postmortem report and testimonies of P.W.20 of Dr. Ambrish Ratankumar Vashist for the purpose of consideration of this application during pendency of appeal, for which, likelihood of hearing finally is not possible in near future and earlier when similar such application was preferred, this Court had reserved the liberty to prefer the application for suspension of sentence and regular bail annexed if the appeal is not heard within one year.