RAJ KUMAR AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) Through the medium of instant application, applicants/appellants-Raj Kumar& Mohan Lal seek suspension of conviction/sentence dated 11.07.2013 passed by the learned 3rd Additional Sessions Judge, Jammu in case FIR No.19/2003 of Police Station Bishnah for offence under Section 376 RPC and pray for release of applicants on bail, inter alia, on the ground that appeal is pending in this Court since July, 2013. The trial Court has awarded sentence of twelve years under Section 376 RPC to each accused. The applicant No.1 was arrested on 21.03.2003 where as applicant No.2 was arrested on 23.03.2003. They were enlarged on bail on 27.01.2005. Applicant No.2 again remained in judicial custody from 22.12.2012 to 07.02.2013. The applicants are languishing in jail since 11.07.2013 the date of conviction/judgment. Thus, they have undergone almost half of the sentence awarded to them.

(2.) Learned counsel for the applicants/appellants 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 applicants on bail.