RINKU KUMAR Vs. STATE

JUDGEMENT

(1.) Through the medium of instant application, applicant/appellant-Rinku Kumar seeks suspension of the judgment, conviction/ sentence dated 09.01.2012/ 10.01.2012 passed by the learned 3rd Additional Sessions Judge, Jammu in case File No.27/challan for offence under Section 376/363 RPC and prays for release of applicant on bail, inter alia, on the ground that appeal is pending in this Court since January, 2012. The trial Court has awarded sentence of 07 years for offence under section 376 RPC and 03 years for offence under Section 363. Both sentences were ordered to run concurrently. The applicant has already served 05 years sentence out of 07 years running concurrently with sentence of 03 years. The applicant has undergone almost half of the sentence awarded to him by the Court below.

(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 sentence awarded and is in continuous custody, 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.