JUDGMENT : Virender Singh, J. [I.A. No.3424 of 2016] One Md. Warish, real nephew of the appellant, Ashraf Ansari appeared before us today in person and moved a hand written application (in vernacular) before us. We, thus, treat the instant hand written application of Md. Warish (nephew of the appellant) as a petition being an Interlocutory Application for suspension of sentence. 2. Registry is directed to diarize the same by allotting it Interlocutory Application number and the same is numbered as I.A. No.3424 of 2016. 3. In the instant interlocutory application it is stated that his uncle Ashraf Ansari who is presently lodged in District Jail, Hazaribagh is seriously ill on account of acute kidney problem. The prayer made in the application is that he may be granted bail enabling him to get his uncle treated. Ms. Rashmi Kumar, learned counsel who had put in her appearance on behalf of the appellant on each date of hearing when the instant appeal was taken up, was incidentally present in the Court in some other case. She was able to apprise the Court about various orders passed by this Court including the order dated 24.08.2015 when the appellant was granted provisional bail for sometime enabling him to get himself treated for his kidney problem and eye problem. We called for the records from the Registry. The file, in original, is before us and we have perused all the orders. 4. No doubt that the prayer for suspension of substantive sentence qua the present appellant stands declined at different stages, reference thereto also made in the last order dated 04.05.2016, he in any case was granted provisional suspension of sentence vide order dated 24.08.2015 with a direction to him that he would surrender before the court below on 09.10.2015. In compliance of the said order, he surrendered on 08.10.2015 as one finds from the order dated 13.10.2015, on which date, learned counsel for the appellant also made a request for hearing the main appeal looking to the period of custody of the appellant, which was about 11 years and for this reason, the appeal was ordered to be enlisted for final hearing. However, the appeal was not taken up finally as is born out from the records. It is thereafter another interlocutory application was preferred on behalf of the appellant for suspension of sentence for a limited period because of his acute sicknesses. However, the appeal was not taken up finally as is born out from the records. It is thereafter another interlocutory application was preferred on behalf of the appellant for suspension of sentence for a limited period because of his acute sicknesses. The Court while dismissing the said application, directed the State to provide appropriate medical facilities and medicine to the present appellant. 5. Ms. Rashmi, learned counsel for the appellant after getting instruction from Md. Warish states that medical condition of the appellant is deteriorating in the jail as he is not being provided the required medical facility. She stated that earlier also at 8/9 occasions for acute kidney problem of the appellant, he was put on dialysis in RIMS, but with the passage of time, the kidneys have started malfunctioning. Learned counsel further submitted that on account of eye problem also, the appellant has virtually lost the vision of his left eye and the condition of other eye is also deteriorating. 6. We would have taken the main appeal for its final consideration, had learned counsel for both the sides been ready for assisting the Court. They state that since the instant matter was not listed for its final consideration in the weekly list to be taken by the Special Bench constituted during Vacation for a week only and today being the last day for hearing the main appeals in which the appellants/convicts are languishing in jail for a considerable period, they in any case, will not be in position to render proper assistance to the Court. Learned counsels are justified in saying so. 7. Being that the position in the case on hand, in any case, the appellant, who is otherwise languishing in jail for the last more than 11 years and that the appeal is not heard till date despite there being specific order in this regard passed by the Court on 13.10.2015 coupled with the fact that the appellant is suffering from acute kidney problem for which he has already been put on dialysis on several occasions, deserves the concession of suspension of sentence during the pendency of the appeal. 8. It needs to be mentioned here that the co-convict of the appellant has already been enlarged on bail. 9. Resultantly, I.A. No.3424 of 2016 stands allowed. 10. 8. It needs to be mentioned here that the co-convict of the appellant has already been enlarged on bail. 9. Resultantly, I.A. No.3424 of 2016 stands allowed. 10. Let appellant no.1, namely, Ashraf Ansari, be released on bail, during the pendency of the instant appeal, on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District & Sessions Judge, F.T.C.I, Giridih, in connection with Sessions Trial No.343 of 2005. 11. Let the order be conveyed to the learned trial court today itself by the Registry through FAX/ email or any other mode. Application allowed.