Mr. Naresh Kumar Sanghi, J.: (Oral) - This is second application for suspension of sentence of the applicant-appellant Hardip Singh, who was held guilty for the offence punishable under Section 376, IPC and was awarded rigorous imprisonment for 10 years, besides payment of fine of Rs.2000/-. The recovery of the fine was stayed during pendency of the appeal vide order dated 04.4.2007.

2. Learned counsel contends that out of the maximum awarded sentence of 10 years, the applicant-appellant has suffered incarceration for more than 06 years. He further submits that keeping in view the heavy roster, the appeal is not likely to be heard soon. He further submits that the applicant-appellant is neither involved nor required in any other case. He also submits that if the benefit of suspended sentence is not extended to the applicantappellant, then the very purpose of filing this appeal would be frustrated. In support of his contention, learned counsel for the applicant-appellant has referred to Bhagwan Rama Shinde Gosai & others v. State of Gujarat (1999)4 SCC 421.

3. Learned counsel for the State has filed the custody certificate by way of affidavit of Shri L.S. Jakhar, PPS, Super