DINESH KUMAR Vs. STATE

JUDGEMENT

(1.) Instant application filed under Section 389 of the Code of Criminal Procedure, being 5th Application for Suspension of Sentence has come up for consideration before this Court. Applicant's three previous applications have been rejected by Coordinate Benches of this Court and last one by this Court.

(2.) The previous application for suspension of sentence (4 th) was rejected by this Court on 21.05.2020, observing thus:-

(3.) Mr. Kalu Ram, learned counsel for the applicant, came up with the specific case that the applicant, who has been convicted for the offence under Section 376 IPC, vide judgment dated 27.09.2017, passed by the learned Additional District and Sessions Judge, Balotra in sessions Case No.31/2016, has already served sentence of 5 years 2 months, out of the total sentence of 7 years, and thus, he is entitled to be enlarged on bail in light of various orders passed by this Court and Hon'ble the Supreme Court. In support of his submission so made, learned counsel relied upon the following orders:-