BABRIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-applicant herein has been convicted and sentenced as below vide judgment dtd. 30/3/2018 passed by the learned Additional Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities Cases) Pratapgarh, in Session Case No.131/2013 (121/2013):

(2.) The appellant-applicant has preferred the application for suspension of sentence under Sec. 389 Cr.P.C. during the pendency of the appeal and for release on bail. Earlier application seeking suspension of sentence was dismissed on 28/11/2018.

(3.) The only plea raised by learned counsel for the appellant-applicant is that as the applicant is in custody for more than 10 years and there is no chance of hearing of the appeal in near future, thus, in view of the directions of the Hon'ble Supreme Court dtd. 15/9/2022 in Sonadhar v. The State of Chhattisgarh : SLP (Crl.) No.529/2021, the sentence of the applicant be suspended and he be enlarged on bail.