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2018 DIGILAW 706 (SC)

Satyaveer Etc. v. State of Rajasthan

2018-04-20

N.V.RAMANA, S.ABDUL NAZEER

body2018
ORDER We have heard learned counsel for the parties. Leave granted. 2. These appeals by special leave are directed against the final order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur dated 4.12.2017 in D.B. Cr. Misc. (S.O.S.) Appl. No. 988 of 2017 in D.B. Criminal Appeal No. 362 of 2017 and D.B. Cr. Misc. (S.O.S.) Appl. No. 785 of 2017 in D.B. Criminal Appeal No. 433 of 2017 whereby the High Court dismissed the applications for suspension of sentence of the appellants herein. 3. The High Court, by the impugned order, refused the relief sought by the appellants i.e. suspending the sentence of the accused – appellants, pending appeal, on the ground that the cases of some of the accused have been separated and in some of the cases, trial is going on. 4. The High Court also observed as under :- “It would be however, open for them to apply again for suspension of sentence if their appeals are not decided before they complete ten years in incarceration.” 5. The aforesaid observation is virtually prohibiting the appellants not to approach the Court for suspension of their sentence for ten years. 6. We, therefore, set aside the aforesaid portion of the impugned order and permit the appellants to approach the High Court for suspension of their sentence, after the trial and proceedings of the other accused is complete by the trial Court in Criminal Case No. 424 of 2017. 7. The criminal appeals are, accordingly, disposed of.