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2010 DIGILAW 1175 (PNJ)

Nandi Ram v. State of Haryana

2010-03-12

S.S.SARON

body2010
JUDGMENT S.S. Saron, J.:- This order will dispose of Criminal Misc. No.60944 of 2009 filed by applicant-Satpal alias Guddu (appellant No.3) and Criminal Misc. No.2292 of 2010 filed by applicant-Satish (appellant No.2) seeking suspension of sentence during the pendency of the appeal. 2. As per custody certificate dated 7.5.2009 of Satpal alias Guddu (appellant No.3), he has undergone imprisonment of 7 months and 26 days till 6.5.2009. Till date he has undergone about 1½ years of imprisonment. 3. The custody certificate of Satish (appellant No.2) dated 11.3.2010 has been filed in Court today. In terms of the same he has undergone imprisonment of one year, 5 months and 26 days till 11.3.2010. There is another case registered against him for the offence under Section 61 of the Excise Act at Police Station Kunjpura, Karnal in which he is on bail. 4. In terms of order dated 4.10.2008, the applicants Satish and Satpal have been convicted for the offences under Sections 323, 325, 332, 333, 353, 392 and 394 read with Section 34 IPC. Besides, the offence under Section 397 IPC has also been held to be proved against Balinder Singh (non-applicant) and thus accused Balinder, Nandi, Satish (applicant) and Satpal (applicant) have been found guilty for the same and convicted accordingly. However, they have been acquitted of the charges under Sections 395 and 148 IPC. Vide order passed on 7.10.2008 the learned Additional Sessions Judge has sentenced them for various offences. The maximum being rigorous imprisonment for five years; besides, to pay fine of Rs.10,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year and 11 months. The applicants have been sentenced to five years for the offence under Section 333 IPC and also five years for the offence under Sections 392 and 394 IPC. Balinder (nonapplicant) has been sentenced to rigorous imprisonment for a period of seven years for the offence under Section 397 IPC. All the sentences of imprisonment have been ordered to run concurrently. 5. The applicants-appellants have already undergone 1½ years of imprisonment. The appeal is not likely to mature for hearing in the near future. In the order convicting them it has been observed that the injuries have been attributed primarily to Balinder and Nandi (non-applicants) only. All the sentences of imprisonment have been ordered to run concurrently. 5. The applicants-appellants have already undergone 1½ years of imprisonment. The appeal is not likely to mature for hearing in the near future. In the order convicting them it has been observed that the injuries have been attributed primarily to Balinder and Nandi (non-applicants) only. The accused Balinder (non-applicant) was armed with a wicket (Danda) and he hit Sarpanch Amar Singh on his leg due to which he received fracture. Nandi (non-applicant) caused injuries on his back. Satpal suffered a disclosure statement (Ex.PN) and got recovered Roznamcha register. The question whether they have caused injuries has to be proved at the final hearing of the appeal. Keeping in view the period of imprisonment undergone, it would be just and expedient to suspend the sentence of imprisonment. 6. Accordingly, during the pendency of the appeal, the sentence of imprisonment of the applicants-Satish and Satpal (appellants No.2 and 3) shall remain suspended subject to their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Karnal. ----------