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2005 DIGILAW 69 (PNJ)

Avtar Singh v. State of Haryana

2005-01-14

S.S.SARON

body2005
ORDER S.S. Saron, J. - Learned counsel for the appellant/applicant submits that the appellant/applicant is in custody since 20.3.2001 and has undergone sentence of about three years and ten months against the sentence of ten years imposed. It is further contended that the sentence of Ram Chander, who is also accused along with the appellant, has been suspended by this Court on 25.11.2003 in Criminal Misc. No. 54329 of 2003 in Criminal Appeal No. 1363-SB of 2001. 2. Learned counsel for the State has opposed the application for bail being a case of rape of a minor girl. 3. I have given my thoughtful consideration to the respective contentions of the learned counsel appearing for the parties. It may be noticed that the allegations against the appellant-applicant and his co-accused Ram Chander who has since been granted bail are that they committed rape on a minor girl on 18.3.2001 while she had gone out alongwith her father for bringing green fodder for the cattle. The appellant-applicant and Ram Chander are alleged to have caught hold of the prosecutrix and over-powered her. Thereafter, they forcibly took her to the mustard field where they threatened her. The applicant-appellant and Ram Chander untied her salwar and accused Ram Chander raped her followed by the applicant-appellant who also raped her. Earlier bail application of the appellant-applicant for suspension for sentence was disposed of on 30.4.2004 with the observations that the appeal filed by the appellant-applicant and Ram Chander be listed for hearing on 22.7.2004. However, the said appeals though listed could not be taken up for hearing. The same are now listed before another Bench. It is not in dispute that the sentence of Ram Chander, who is co-accused of the appellant-applicant, was suspend by this Court as he had undergone imprisonment for more than two years and ten months and it was observed that he had undergone about 1/3rd of his sentence. The appellant-applicant as per the Judicial Custody Certificate produced by the learned counsel for the State as on 22.10.2004 had undergone three years seven months and seven days of sentence excluding six days of over stay of parole from 18.7.2004 to 23.7.2004. After 22.10.2004 also the appellant-applicant has undergone further imprisonment till date. 4. The appellant-applicant as per the Judicial Custody Certificate produced by the learned counsel for the State as on 22.10.2004 had undergone three years seven months and seven days of sentence excluding six days of over stay of parole from 18.7.2004 to 23.7.2004. After 22.10.2004 also the appellant-applicant has undergone further imprisonment till date. 4. Keeping in view the fact that the appellant-applicant has undergone about three years and ten months of the sentence as stated by the counsel for the appellant-applicant and also the fact that the sentence of Ram Chander co- accused of the appellant-applicant has been suspended as he has undergone two years and seven months of sentence, it would be just and expedient that the sentence of imprisonment of the appellant-applicant Avtar Singh is also suspended during the pendency of the appeal as he has also undergone more than 1/3rd of his substantive sentence of ten years imprisonment. 5. For the fore-going reasons, the Criminal Misc. application is allowed and the sentence of imprisonment of the appellant-applicant Avtar Singh is suspended during the pendency of the appeal subject to his furnishing personal bond and two sureties in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Rewari. Appeal allowed.