JEET RAJ Vs. STATE

JUDGEMENT

(1.) Through the medium of instant application, applicant/appellant-Jeet Raj seeks suspension of the judgment, conviction/sentence dated 11.07.2013 passed by the learned 3rd Additional Sessions Judge, Jammu in case FIR No.19/2003 for offence under Section 376 RPC and prays for release of applicant on bail, inter alia, on the ground that appeal is pending in this Court since September, 2014. The trial Court has awarded sentence of 12 years. The applicant was arrested on 23.03.2003 and was released on bail on 27.01.2005. During trial, he remained under custody/jail for about 1 year 10 months and 12 days. Subsequently, during the trial he was taken in custody on 13.05.2013. Since then he is under custody. Thus, he has undergone the sentence of more than 5 years and 11 months. The applicant has undergone almost half of the sentence awarded to him. That the applicant belongs to a poor family consisting of four members, who are facing starvation. Besides, father of the applicant is suffering from paralytic stroke and bed ridden.

(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.