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Judgment
This matter has been assigned to DB-III by an order dated 11th September 2021 passed on administrative side by Hon'ble the Chief Justice, High Court of Jharkhand.
The appellants have renewed their prayer for suspension of sentence pending consideration of Criminal Appeal (DB) No. 1848 of 2017.
By an order dated 17th April 2018 passed in I.A. No. 8158 of 2017, the application for suspension of sentence moved by the appellants was rejected by a coordinate Bench of this Court.
The second application for suspension of sentence moved by the appellants, namely, Kanu Ram Bodra and Bal Krishna Bodra vide I.A No. 1788 of 2020 was rejected by this Bench.
Mr. R. S. Mazumdar, the learned Senior counsel for the appellants submits that now the appellants have remained in custody for more than eleven years which would be a relevant consideration for suspending the sentence awarded to the appellants in Sessions Trial No. 266 of 2011.
The learned Senior counsel for the appellants has raised contentious issues which in our opinion shall be adjudicated when Criminal Appeal (DB) No. 1848 of 2017 filed by the appellants is taken up for final hearing.
Mr. Saket Kumar, the learned APP opposing the present application for suspension of sentence submits that now since the appellants have remained in custody for more than eleven years it would be appropriate that the criminal appeal itself is heard on merits.
In view of the aforesaid facts and circumstances in the case, on instructions, the learned Senior counsel for the appellants seeks permission to withdraw the present interlocutory application for suspension of sentence to enable the appellants to make a prayer before the Hon'ble Division Bench seized with hearing of Criminal Appeal (DB) No. 1848 of 2017, for hearing of the said criminal appeal at an early date.
Accordingly, I.A. No. 4793 of 2022 is disposed of as withdrawn with liberty to the appellants to mention the matter before the appropriate Bench for early hearing of Criminal Appeal (DB) No. 1848 of 2017.