DINESH MEHTA,J. - (1.) Instant application filed under Section 389 of the Code of Criminal Procedure, being 5th Application for Suspension of Sentence has come up for consideration before this Court. Applicant's three previous applications have been rejected by Coordinate Benches of this Court and last one by this Court.
(2.) The previous application for suspension of sentence (4 th) was rejected by this Court on 21.05.2020, observing thus:- 'Having regard to the seriousness of the offence and clear findings recorded by the Court below, this Court is not inclined to suspend the sentence awarded to the petitioner, simply because he has served out half of the sentence. Petitioner's three successive bail applications have already been rejected. The fourth application for suspension of sentence is dismissed, for the reasons noted above.'
(3.) Mr. Kalu Ram, learned counsel for the applicant, came up with the specific case that the applicant, who has been convicted for the offence under Section 376 IPC, vide judgment dated 27.09.2017, passed by the learned Additional District and Sessions Judge, Balotra in sessions Case No.31/2016, has already served sentence of 5 years 2 months, out of the total sentence of 7 years, and thus, he is entitled to be enlarged on bail in light of various orders passed by this Court and Hon'ble the Supreme Court. In support of his submission so made, learned counsel relied upon the following orders:- (i) Mayuresh Nandkumar Purohit v. Kaushik Manna and Anr., reported in 2018 Cr.L.R. (SC) 251; (ii) Salim Javed v. State of Rajasthan, reported in (2006) 9 SCC 602; (iii) Akhtari Bi v. State, reported in (2001) 4 SCC 355; (iv) Order dated 23.07.2019, rendered in the case of Bhura Ram v. State, S.B. Criminal Misc. Suspension of Sentence Appl. (Appeal) No.588/2019; (v) Order dated 09.11.2011, rendered in the case of Vagta Ram v. State of Rajasthan, reported in 2012(3) CJ (Cri.)(Raj.) 1346; and (vi) Order dated 28.05.2020 rendered in the case of Hansraj v. State of Rajasthan, S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.781/2017. ;