(1) LEAVE granted.

(2) HEARD learned Senior Counsel, Mr R.K. Jain, appearing for the appellant and Mr N.N. Goswami and Mr K.T.S. Tuisi, appearing for the 9 respondent.

(3) THE appellant has been convicted under S. 302/34 Indian Penal Code and has been sentenced for life. He is more than 70 years old and he is already in custody for more than 7 1/2 years. In the High court, a prayer for suspension of sentence was made but the learned Judges examining the gravity of the offence and prima facie merit of the case, were not inclined to suspend the sentence by their order dated 20/1/1998 and on the other hand, granted liberty to the accused for praying for early hearing of the appeal. Though six months have expired since then and knowing the workload in the Delhi High Court, it is not possible to visualise that the appeal will be heard in the near future, the appeal being of 1997. Taking into account the age of the appellant and that he is in custody for more than 7 1/2 years, we think in the interest of justice to release the appellant on bail in the sum of Rs 50,000.00 with two sureties of the like amount to the satisfaction of the Chief Metropolitan Magistrate, D