1. Delay condoned.
2. Leave granted.
3. A Division Bench of the High Court of Judicature of Bombay,
vide the impugned judgment and order dated 16 th December,
2024, has declined the appellant’s second prayer for suspension
of sentence under Section 389 of the Code of Criminal Procedure,
19731.
4. The appellant, along with his brother, has been convicted by
the Sessions Judge for offences punishable under Section 302 read
with Section 34, Indian Penal Code, 1860 and sentenced to life
imprisonment. The conviction and sentence having been carried in
an appeal2 under Section 374(2) of the Cr. PC before the High
Court, the same has been pending since 2018. His first prayer for
1 Cr. PC
suspension of sentence was declined on 23 rd April, 2018. Since the
date of his arrest, the appellant has spent a little less than 12
years in custody. It is also not in dispute that the co-convict has
been granted the relief of suspension of sentence by another
Division Bench of the High Court vide an order dated 27th
September, 2024.
