- (1.) HEARD learned counsel for the parties.
(2.) THIS is second application for suspension of sentence. First application of appellant was dismissed by this Court along with bail application of co-accused Ashraf, by common order dated 27.07.2009. Learned counsel for appellant submitted that total 8 accused persons have been convicted and sentenced in the present case by the trial Court. Two accused persons, namely Smt. Jetoon and Shahid, have been convicted under Section 302/120-B IPC and both are in judicial custody. He further submitted that bail application of present appellant was dismissed along with bail application of co-accused Ashraf S/o Mohammad Yusuf, as the case of both the accused persons was similar, as they have been convicted and sentenced under Section 396/120-B IPC to ten years rigorous imprisonment. He further submitted that co-accused Ashraf, who is similarly situated accused/appellant, has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.11.2011, passed in D.B. Criminal Misc. Second Suspension of Sentence Application No.425/2010 in D.B. Criminal Appeal No.1740/2007, and the case of present appellant is similar with that of co-accused Ashraf, who has been granted bail by this Court. He also submitted that out of total sentence of imprisonment of 10 years, the appellant has already remained in actual custody for more than 8 years as he is in judicial custody since 23.12.2004 and in case, period of remission is counted, then he has undergone almost his total sentence of imprisonment, therefore, looking to all and facts and circumstances of the case, sentence of imprisonment of appellant may be suspended during pendency of this appeal.
(3.) LEARNED Public Prosecutor opposed the bail application, but has not disputed the above facts, stated by the learned counsel for appellant.;