SANJAY KUMAR GUPTA,J. - (1.)Through the medium of instant application, applicants/appellants-Babu Ram and Uttam Kumar seek suspension of conviction/sentence dated 15.02.2013 passed by the learned Sessions Judge, Udhampur in case FIR No.01/2009 of Police Station Basantgarh for offence under Section 376/341/382/109 RPC and pray for release of applicants on bail, inter alia, on the ground that appeal is pending in this Court since February, 2013. The trial Court has awarded sentence of 7 years under Section 376 RPC and one month under Section 341 RPC to the applicants/accused. Both sentences were ordered to run concurrently. The applicants were initially arrested on 25.02.2009 and were enlarged on bail on 28.05.2009. They were again arrested on 15.02.2013 and since then they are languishing in jail. Thus, they have undergone more than half of the sentence awarded to them.
(2.)Learned counsel for the applicants/appellants submitted that in view of the pendency of cases of similar nature, there is no possibility of consideration of the instant appeal for final hearing in near future. It is further submitted that there is a settled principle of law that where the accused has already undergone half of the total sentence awarded, he is entitled to be released on bail.
(3.)On the basis of submissions made above, learned counsel seeks suspension of sentence and release of applicants on bail.