LEELA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on the application submitted by the accused appellant for suspension of sentence. The said application for suspension of sentence has been filed by the accused appellant on 25.10.2008 which had been lying in defect and the defects were removed on 07.09.2011. Thereafter the application was listed in the court for orders.

(2.) Learned counsel submitted that the accused appellant has been in custody since 18.12.2003 soon after the incident when he was arrested by the police. This fact regarding arrest of the accused appellant on 18.12.2003 is evident from the Exhibit P-23, the arrest memo available on record. As such, in view of the fact that the accused remained in judicial custody and the police custody throughout this period and is confined to the Central Jail, Jaipur and has, as on date completed more than seven years and ten months of sentence is not disputed.

(3.) Learned counsel submitted that arguments in this case so far as the application of suspension of sentence and so far as the hearing of the appeal on merits is concerned, would be same and, as such, looking to the fact that nearly seven years and ten months have elapsed, since the accused appellant was taken into custody, the appeal itself may be heard as it involves only a short question.