MUKESH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the above named accused applicants have been convicted for offence under Sec. 395 read with Sec. 397 Penal Code for having committed a bank robbery and have been sentenced to undergo rigorous imprisonment for 7 years. Accused applicants Jitendra and Praveen Kumar have also been convicted for offence under Sections 3/25 and 4/25 of the Arms Act respectively. Their earlier applications for suspension of execution of sentence were dismissed by this Court taking into consideration the merits of the case. Now, these applications have been filed only on the ground of delay in hearing of the appeal.

(2.) Learned counsel for the accused applicants submit that all the accused applicants were arrested on 6th July, 2001 and since then they are behind the bars and have already undergone sentence of about five years five months without remission. In the facts and circumstances of the case, there is no likelihood of the appeal being heard at an early date. On this strength, learned counsel for the applicants prayed for suspension of execution of the sentence.

(3.) Learned Public Prosecutor on the other hand, pointing out the evidence available on record against appellant, has objected the applications but could not be able to dispute the fact that the accused applicants are behind the bars for more than 5 years and 5 months and that there is no likelihood of the appeal hearing at an early date.