ANANT KUMAR, J. - (1.) This is second application under Section 389 Cr.P.C. for suspension of sentence of the applicant-appellant.
(2.) Applicant-appellant was convicted and sentenced vide judgment and orders dated 6th May, 2011 for committing offence under Section 302/34 IPC to undergo R.I. for life and under Section 3 (1) of Gangsters Act to undergo three years' R.I. Fine was also imposed vide order of sentence.
(3.) It has been pointed out by learned counsel for the applicant-appellant Mr. Sushil Kumar Singh, Advocate, that applicant-appellant Brijesh Singh @ Babloo Singh is facing prosecution since February, 2007. The applicant-appellant has been in custody since 8th March, 2007. It has also been pointed out before the Court that long undergone period of 12 years itself entitles the applicant/appellant to bail. 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. ;