- (1.) When DB Criminal Misc. second/third application for Suspense of Sentence came up for hearing the Division Bench of this Court doubted the correctness of the decision of a Coordinate Division Bench of this Court in Tahir Khan @ Shakeel Vs. State & Ors., 2005 4 WLC(Raj) 637and referred it to be heard by Larger Bench, vide its order dt.21.12.2011. The operative part whereof reads ad infra: "In view of aforesaid discussion, we have our own doubts about the correctness of the Division Bench judgment of this Court in Tahir Khan @ Shakkel, supra. For the sake of judicial propriety, however, we deem it appropriate to refer this question to a larger bench to be constituted by Hon'ble the Chief Justice of at least three judges, which may also consider correctness of the guidelines laid down by the Division Bench of this Court in Tahir Khan, supra, in the light of various Supreme Court judgments noted above. Following question was therefore referred to the larger bench:- "Whether sentence of life imprisonment of a convict can be suspended solely on the ground of his having served five years or one-half of the maximum sentence, inclusive of remission, which would otherwise entitle him to release from jail, and whether the judgment of a Division Bench of this Court in Tahir Khan @ Shakeel and Others Vs. State of Rajasthan, 2005 4 WLC(Raj) 637, holding so, has been correctly decided ?
(2.) This is how the matter has come up for consideration before us.
(3.) Counsel for appellants jointly submitted that the broad guidelines laid down by this Court in Tahir Khan @ Shakeel stands affirmed by the Apex Court in Surinder Singh Vs. State of Punjab, 2005 7 SCC 387 and the question no more remains res integra at least to be examined by this Court and more so when the special leave to appeal (cr.) filed by the State of Raj. before the Apex Court arising from the judgment in the case of Tahir Khan has been dismissed.;