VIRENDER SINGH, J. - (1.) I.A No. 2641/2016 Admittedly this is second attempt made by the appellant - applicant for suspension of sentence during the pendency of the main appeal, which is filed in the year 2010 and the earlier bail application having been rejected within seven months of his conviction, vide impugned judgment dated 6th March, 2010 handed down by the Additional Sessions Judge, F.T.C VI, Dhanbad.
(2.) Learned counsel for the appellant -applicant, while taking the Court on the merits of the case once again, submitted that if the prosecution case is taken to be true on its face value, the occurrence appears to have taken place all of a sudden when the deceased and the appellant -applicant were playing cards together being friendly to each other. He then submitted that appellant -applicant has by now undergone more than eight years of his substantive sentence and that the appeal being of the year 2010 is not likely to be heard in near future on account of heavy pendency of other appeals filed much prior to its filing and not taken on board for their final consideration. He states that in the backdrop of the aforesaid facts, there appears to be no likelihood of hearing the instant appeal for another 2/3 years.
(3.) Keeping in view the totality of the facts and circumstances of the case and the fact that the appellant -applicant is in jail for the last eight years coupled with the fact that there is no likelihood of hearing the instant appeal in near future, further incarceration of the appellant -applicant would be unjustified. Resultantly the instant application is allowed as prayed for.;