- (1.) (C.M. Application No.111990 of 2015) This 2nd application under Section 389 of the Code of Criminal Procedure has been filed for suspension of sentence of the applicant-appellant.
(2.) The contention of learned counsel for the applicant-appellant is that the applicant-appellant is facing prosecution since year 2008. The applicant-appellant is in custody since 9th August, 2008. It has been asserted on behalf of the applicant-appellant that right to speedy trial is vested in the appellant under Article 21 of the Constitution of India. Trial would include disposal of the appeal against conviction. It has been pointed out by learned counsel for the applicant-appellant that presently criminal appeals of 1982 are being listed in the Court. The present case is not likely to come up for hearing for decades. Manifest injustice would be caused to the applicant-appellant if the applicant-appellant is not released on bail. It has also been argued that in case the applicant-appellant is acquitted, the acquittal would be meaningless in view of long period of incarceration.
(3.) Learned counsel for the respondent has not been able to dispute that the applicant-appellant has been in custody since August, 2008. It has also not been disputed that appeals of 1980's are being listed for adjudication, presently.;