DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for suspension of sentence u/S.389 Crimial P.C. has been filed on behalf of applicant appellant Dinesh who has been convicted by the learned Additional Sessions Judge (Fast Track) Alwar in Sessions Case No.24/2001 (38/2000) for offences under Sections 304B and 498A IPC. The maximum sentence awarded is 10 years R.I. and fine with default stipulation.

(2.) It is contended by the learned counsel for the applicant-appellant which has not been controverted by the learned Public Prosecutor that the applicant-appellant being in custody since 24/2/2000 has already undergone more than half of the sentence imposed upon him and his appeal has not been heard and decided so far.

(3.) He has referred to the cases of Shailendra Kumar Vs. State of Delhi : (JT 2000 (1) SC 184) , Bhagwan Rama Shinde Gosal & Ors. Vs. State of Gujarat : (1990 Cr.L.R. (SC) 345) , Smt.Akhtari Bi Vs. State of M.P. : (JT 2001(4) SC 40 and the order of this Court dated 21/11/2005 in SB Cr.Misc.IInd Bail Application for Suspension of Sentence No.1103/05 in Criminal Appeal No.259/04 (Kajodi and anr. Vs. State) .