ALTAF AHMED CHANDEL Vs. STATE

JUDGEMENT

(1.) Heard on MP No. 01/2016.

(2.) Learned Counsel for the appellant submits that the appellant has been convicted for offence under Sections 363/366/376 RPC and has been sentenced to undergo seven years RI vide judgment dated 11.06.2012 passed by the trial court. It is further submitted that since 11.06.2012 till today, i.e., approximately five years, the appellant is in jail except for a period of three months when the appellant was enlarged on bail. A Bench of this Court had directed that the matter be heard finally, however, despite lapse of three years, the matter could not be heard finally. It is further submitted that in somewhat similar facts, a Bench of this had granted bail. In support of the aforesaid submissions, learned counsel for the appellant has placed reliance on order dated 24.11.2015 passed in MP No. 97/2014 in Criminal Appeal No. 78/2012.

(3.) On the other hand, learned counsel for the respondents has relied on the decision of the Supreme Court in the case of Vijay Kumar v. Narendra and Ors., 2002 (9) SCC 364 , Sidhartha Vashisht @ Manu Sharma v. State of Delhi, 2008 (4) Supreme 486 and has submitted that the prosecutrix was minor and the fact that during the trial the accused was on bail and there was no misuse of liberty, does not per se warrant suspension of execution of sentence and grant of bail.