Satish Kumar Mittal, J. - I have heard counsel for the parties on the application under Section 389 Criminal Procedure Code for suspension of sentence during the pendency of appeal, filed by the applicant-appellant. This is a second application for suspension of sentence. Earlier was dismissed on 5.10.2004.

2. The applicant-appellant has been convicted and sentence to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code, out of which he has undergone more than three years and four months. Counsel for the applicant in support of his contention annexed the custody certificate.

3. The period of sentence undergone by the applicant has not been disputed by the counsel for the State.

4. This is 2004 appeal and its hearing is likely to take some time. In these circumstances, in view of the law laid down by the Honble Supreme Court in Bhagwan Ram Shinde Gosai and others v. State of Gujarat, 1999(4) SCC 421 and Kiran Kumar v. State of M.P., 2002 SCC (Cri.) 1017, the sentence imposed upon the applicant-appellant is suspended subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jagadhari.

Order accordin