Heard learned advocate Mr. RK Shah for the applicant.
By filing this application, the applicant has made prayer to release him on regular bail, pending hearing of Criminal Appeal No. 619/2009.
According to the applicant, he has been in jail since 19/1/2008 and is awarded sentence of seven years. Therefore, he has undergone more than half of the sentence. According to him, the appeal is not heard and hence he is required to be released on bail and the sentence of imprisonment imposed upon him is required to be suspended.
Learned advocate Mr. Shah relied upon the decision of Babu Singh and Ors Vs. The State of U.P. (AIR 1978 SC 527).
It appears from the record that the applicant earlier moved application to suspend the sentence and release him on bail during pendency of appeal by filing Criminal Appeal No. 4353/2009 but by order dated 1/5/2009, the said application came to be dismissed. The applicant also moved Criminal Misc. Application no. 8181/2009 for the same relief but the same came to be rejected by reasoned order dated 30/7/2009. The record also indicates that the applicant was released on furlough in February, 2010 but he did not surrender in time on completion of furlough period. Therefore, he was arrested by the Police.
In view of the above, looking to the conduct of the applicant, discretion is not required to be exercised in favour of the applicant as the applicant is not likely to be available to serve out the remaining period of sentence, if he fails in appeal. Therefore, the application can not be entertained. Hence, the application stands dismissed.
(BANKIM.N.MEHTA, J) *asma Top