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In this matter the Appellant stands convicted u/s 302 IPC for causing death of the deceased by poison. He filed an appeal before the High Court of Punjab and Haryana and applied for suspension of sentence and releasing him on bail. The Division Bench of the High Court while refusing to suspend the sentence has ordered the appeal to be expedited and to be listed within one year. It is that order which is now challenged before us.
Mr Jaspal Singh, learned senior Counsel for the Appellant invited our attention to the report of the Forensic Science Laboratory which after scientifically analysing the viscera and the stomach contents reported that there was no poison detected. However, vomit collected from the scene when subjected to analysis in the laboratory poison was detected. Learned Counsel seriously contended that as the deceased was not shown to have died due to the poisoning this is a case which is eminently fit for suspending the sentence.
We have considered all different aspects of the matter. We are of the view that this is a fit case which the High Court should board the appeal itself to be heard at the earliest on merits. The various circumstances cannot be gathered by us at this stage for reaching a conclusion either way. In the peculiar facts and circumstances of this case, we, while agreeing with the High Court that the matter should be expedited, choose to go a step further by directing the Registry at the High Court of Punjab and Haryana to list the appeal in the top for the month of April, 2000, We request the High Court to give priority to this appeal to be heard and dispose it of according to law. With these observations this appeal is disposed of.