HEMRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant was convicted and sentenced under Sections 304-B, 498-A, 202 and 201 of the Indian Penal Code vide judgment dated March 25, 1998 of the learned Sessions Judge, Karauli. Appeal preferred by the applicant against the said judgment was admitted by this Court after receiving the record on August 4, 1998 and it was listed for hearing in regular course. Thereafter, learned Sessions Judge made a request to send the record of the case back as the trial of the co-accused was pending. This Court acceded the request and vide order dated July 26, 1999 transmitted the record back directing the Sessions Judge to send it again as soon as the trial is concluded.

(2.) In the instant application under Section 389, Cr. P.C., the contention of the applicant is that since June 29, 1997 he is behind the bars and there are no chances of early disposal of the appeal, since the record of the case has been sent back and it will only be received back after completion of the trial of co-accused. Under these circumstances, the sentence awarded to him may be suspended.

(3.) I have heard Mr. A.K. Gupta learned Counsel appearing for the applicant and Mr. S.S. Rathore, learned Public Prosecutor.