SHAKIL AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHEN at the outset I decline to suspend the impugned sentence on any of grounds, and ask the learned counsel for the applicant to get the appeal, itself, heard on merits, Shri Tyagi instead of not pressing this 3rd application, sought to keep the same pending till the hearing of the appeal, which cannot be allowed. Hence by this detailed order, I dispose of this petition.

(2.) THIS is third petition seeking suspension of impugned sentence. First application was decided on merit keeping in view the decision of the Apex Court in Maqtool Singh vs. State of Punjab (1) , but the appellant was ordered to be released on parole on the ground of sickness of his child/son for three months vide order dated 6. 7. 99 in S. B. Cr. Bail Appln. No. 298/99. Again on an application, this Court by its order dated 10. 12. 99 in Cr. Appeal No. 310/99 ordered to release on temporary bail (parole) for four months from that day with the direction to surrender on 17. 4. 2000, followed by another order dated 12. 5. 2000 in S. B. Cr. 2nd Bail application No. 330/2000, by which again the appellant was temporarily released for eight weeks time, with the direction to surrender on or before 17. 7. 2000, which was extended till 17. 10. 2000 by order dated 1. 9. 2000. But again application was moved therefore, by order dated 15. 12. 2000 in 2nd application No. 330/2000 on the ground of sickness of child (son), the impugned sentence was suspended temporarily till 14. 2. 2001 and further temporarily the impugned sentence was suspended by order dated 21. 3. 2001 for eight weeks with the direction to surrender on or before 22. 5. 2001.