RAJ KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant No.2-Vikas during the pendency of the appeal.

(3.) In terms of the affidavit of Shri Jaidev Bishnoi, Superintendent Central Jail, Hisar that has been filed in Court today and the same is taken on record, the applicant/appellant No.2 has undergone imprisonment of six years, eight months and twenty nine days as on 19.12.2011. This include imprisonment of three years, one month and eleven days post conviction. The case of the applicant/appellant is, therefore, covered by the guidelines laid down in a Division Bench judgment of this Court in the case of Dharam Pal v. State of Haryana, 1999 4 RCR(Cri) 600. It has been held therein that life convicts who have undergone five years imprisonment of which three years should be after conviction should be released on bail pending hearing of their appeals. The father of the applicant/appellant No.2-Vikas namely Raj Kumar who is appellant No.1 has been granted bail by this Court vide order dated 16.11.2011. The case of the applicant/appellant No.2-Vikas is similar to that of his father Raj Kumar (appellant No.1). It was contended on behalf of appellant No.1-Raj Kumar that the last seen evidence, the extra judicial confession and the motive were not entirely proved.