1 D.B. CRIMINAL MISC II APPLICATION (FOR SUSPENSION OF SENTENCE) NO.733/2008 IN D.B. CRIMINAL APPEAL NO.529/2003 (Papu Vs. State of Rajasthan) DATE OF ORDER : 24.7.2008 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE SANGEET LODHA Mr. Kaluram Bhati,for the applicant-appellant. Mr. V.R. Mehta, Public Prosecutor. Heard learned counsel for the applicant-appellant. The appellant's first application for suspension of sentence was rejected by this Court vide order dated 08.09.2005. Learned counsel for the appellant submitted that the appellant is behind bars since year 2002 and almost six years is to pass in two months or about so. Learned counsel submitted that the Hon'ble Apex Court held that when the appeal cannot be heard in time, then in that case, the appellant is entitled to be released on bail. We have carefully gone through the facts of the case. The first application for suspension of sentence of the appellant was rejected by the Division Bench of this Court vide order dated 08.09.2005. The appellant is convicted for offences under Sections 302 & 452 IPC and has been sentenced to undergo life imprisonment along with conviction for other offences. Presently, according to the learned counsel for the appellant, the 2 appeals of the convicts, who are behind bars before the year 2001 and 2002, are listed for hearing and the appeal of the appellant will take some time for coming for hearing, therefore, the present appellant may be released on bail. The appellant is behind bars from the year 2002 and hearing of the appeal of the appellant is likely to commence in period of year. We are not inclined to entertain the application for suspension of sentence on this ground and even on merit we also do not find any reason to allow the application for suspension of sentence. Hence, the second application for suspension of sentence is rejected. (SANGEET LODHA), J. (PRAKASH TATIA), J. vs