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2012 DIGILAW 1033 (PNJ)

Kanwaljeet Singh v. State of Haryana

2012-08-02

NARESH KUMAR SANGHI

body2012
JUDGMENT Mr. Naresh Kumar Sanghi, J.: (Oral) - Prayer in this application is for suspension of sentence of the applicant-appellants, Meharban Singh and Ranbir Singh, who were held guilty for commission of the offence punishable under Sections 307, 323 and 325 read with Section 149, IPC. The maximum substantive sentence awarded to the applicant-appellants was rigorous imprisonment for five years for the offence punishable under Section 307 read with Section 149, IPC whereas for rest of the offences, it was of lesser terms. All the sentences were ordered to run concurrently. 2. The learned counsel contends that the applicant/appellants Meharban Singh and Ranbir Singh have not been attributed the injury attracting the mischief of Section 307, IPC. He further submits that out of the maximum awarded sentence of five years, the applicant-appellants have suffered incarceration for more than two years. He further submits that none of the applicantappellants is involved or required in any other offence. He also submits that the appeal would take sufficient long time in its final decision, therefore, there would be no purpose to keep the applicantappellants behind the bars for an indefinite period. 3. Learned counsel for the State has placed on record the affidavits of Shri Surinder Singh Godara, Superintendent, Central Jail, Hisar, showing the custody period undergone by the applicantappellants, which are taken on record. Learned counsel for the State has not controverted the submission of the learned counsel for the applicant-appellants to the extent that they have not been attributed the injury falling within the mischief of Section 307, IPC. 4. Heard. 5. The applicants have suffered incarceration for more than two years. The appeal is not likely to be heard soon. They are not the main accused, who have been assigned the injury falling within the ambit of Section 307, IPC. 6. Keeping in view the totality of the circumstances of the case, the execution of the substantive sentence awarded to the applicant-appellants Meharban Singh s/o Lakhvinder Singh and Ranbir Singh s/o Paramjit Singh, residents of Village Aharwan, Tehsil and District Fatehabad, is ordered to be suspended during the pendency of the appeal subject to their furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Fatehabad. 7. The criminal miscellaneous application is disposed of. ---------0.B.S.0------------