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2013 DIGILAW 1363 (PNJ)

Shakti v. State of Haryana

2013-10-09

ANITA CHAUDHRY

body2013
JUDGMENT Anita Chaudhary, J. 1. The applicant Sandeep having been in custody for the past 5 years and 1 month has come forward with the present application seeking suspension of sentence and grant of bail. We heard the submissions made by learned counsel appearing for the applicant as well as learned Deputy Advocate General appearing for the State of Haryana. 2. Though, the case of the applicant does not fall under the parameters laid down by this court in Dharmapal vs. State of Haryana, 1999 (4) RCR Criminal 600, it falls under the parameters laid down by this court in Dalip Singh alias Deepa vs. State of Punjab, 2010 (2) RCR (Criminal) 566, as he had already undergone 5 years and 1 month. 3. Coming to the role as alleged against the applicant, it is found that he having caught hold of the legs of the deceased dashed him against the Dol in an agricultural field three of four times. It is brought to our notice that the injured died only after four months. Further, the appeal will take some time to mature for final hearing. 4. In view of the above, the applicant/appellant Sandeep has made out a case for suspension of sentence and grant of bail. Therefore, the sentence imposed by the trial Court on the applicant/appellant Sandeep stands suspended during the pendency of this appeal and he is ordered to be released on bail on furnishing bail bond and surety to the satisfaction of the Chief Judicial Magistrate, Sonepat. The application stands allowed accordingly. Application allowed.