Sanjay K. Agrawal, J.

1. Invoking the revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (henceforth 'Cr.P.C.'), the applicants, two in numbers, languishing in jail, have filed the instant revision questioning the legality and correctness of the order dated 18-6-2014 passed by the appellate Court in Criminal Appeal No. 19/2004 declining to exercise the jurisdiction under Section 389(1), Cr.P.C. to suspend the sentence during the pendency of the appeal. The facts, in brief, are as under:

1.1 Applicants Arjun Gop and Manoj Das stood convicted for offence under Sections 34(1)(a), 34(2) and 59-A of the Chhattisgarh Excise Act, 1915 (henceforth 'the Act, 1915') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 25,000 each. It is also stood on record that as on 18-6-2014, applicant Arjun Gop had remained in custody for six months and four days and applicant Manoj Das for four months.

1.2 In an appeal filed under Section 374(3) Cr.P.C. before the Court of Session, the applicants also moved an application under Section 389(1), Cr.P.C. invoking the jurisdiction of the Court for suspension o