MOHD. SHAFFI AND OTHERS Vs. STATE

JUDGEMENT

(1.) Through the medium of instant application, applicant/appellant-Mohd. Shaffi seeks suspension of conviction/sentence dated 24.04.2012 passed by the learned Additional Sessions Judge, Udhampur in case FIR No.83/2005 of Police Station Ramnagar for offence under Section 363/376/342/451 RPC and prays for release of applicant on bail, inter alia, on the ground that appeal is pending in this Court since June, 2012. The trial Court has awarded sentence of 10 years under Section 376 RPC, 03 years under section 363 RPC, 06 months under Section 451 RPC and 06 months under Section 342 RPC. All the sentences were ordered to run concurrently. The applicant was initially arrested on 13.10.2005 and was enlarged on bail on 07.11.2005. He was again arrested on 24.04.2012, the date of judgment, and since then he is languishing in jail. Thus, he has undergone more than half of the sentence awarded to them.

(2.) Learned counsel for the applicant/appellant submitted that in view of the pendency of cases of similar nature, there is no possibility of consideration of the instant appeal for final hearing in near future. It is further submitted that there is a settled principle of law that where the accused has already undergone half of the total sentence awarded, he is entitled to be released on bail.

(3.) On the basis of submissions made above, learned counsel seeks suspension of sentence and release of applicant on bail.