AJAY RASTOGI, J.

1. When DB Criminal Misc. second/third application for suspension of sentence came up for hearing the Division Bench of this Court doubted the correctness of the decision of a Co-ordinate Division Bench of this Court in Tahir Khan alias Shakeel v. State (2005) 4 WLC Raj 537 and referred it to be heard by Larger Bench, vide its order dated 21-12-2011. The operative part whereof reads ad infra :

In view of aforesaid discussion, we have our own doubts about the correctness of the Division Bench judgment of this Court in Tahir Khan @ Shakeel (supra). For the sake of judicial propriety, however, we deem it appropriate to refer this question to a larger bench to be constituted by Hon’ble the Chief Justice of at least three Judges, which may also consider correctness of the guidelines laid down by the Division Bench of this Court in Tahir Khan (supra), in the light of various Supreme Court judgments noted above.

Following question was therefore referred to the larger bench :

Whether sentence of life imprisonment of a convict can be suspended solely on the ground of his having served five years or one-half of the maximum sentence, inclusive of remission, which would o