ASHRAF ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RELYING on the case of Angana & Anr. Vs. State of Rajasthan [(2009) 3 SCC 767], on the case of Takht Singh & Ors. Vs. State of M.P. [(2001) 10 SCC 463], and on the case of Dara Singh Vs. State of Rajasthan [S.B. Cr. Misc. Second Bail (for Suspension of Sentence) Application No.9/2010, in S.B. Criminal Appeal No.575/2008, decided on 25.01.2011], Mr. Naseemuddin Quazi, the learned counsel for the appellants, has vehemently argued that in case the accused-appellant has served a substantial part of his sentence and in case the criminal appeal cannot be decided within the remaining period of the sentence, then the sentence of the accused-appellant should be suspended. According to him, the accused-appellants have already served four years out of the seven years of their sentence to which they were sent. Thus, they have undergone a substantial part of their sentence.

(2.) ON the other hand, Mrs. Alka Bhatnagar, the learned Public Prosecutor, has contended that even the cases referred by the learned counsel for the appellants do not lay down a universal principle. Therefore, each case would have to be decided on its own facts and circumstances.

(3.) ALLEGEDLY, the occurrence had taken place on 10.03.2005. The accused appellants were on bail from 2005 till the impugned judgment dated 31.07.2007 was pronounced. During this period, the accused-appellants had maintained peace and tranquility and had adhered to the conditions of the bail.