JUDGMENT Learned counsel for the State has filed two affidavits of Sh. Dev Pal Singh, PPS, Superintendent, New District Jail, Nabha mentioning the period of imprisonment undergone by the applicant/appellant No.2 – Jagtar Singh @ Bittu and applicant/appellant No.4 – Balkar Singh @ Balkari. The same are taken on record. 2. Heard learned counsel for the parties. 3. Criminal Misc. application has been filed seeking suspension of the sentences of imprisonment of applicant/appellant No.2 – Jagtar Singh @ Bittu and applicant/appellant No.4 – Balkar Singh @ Balkari during the pendency of the appeal. 4. It is stated that matter between the parties has been compromised. The sentences of imprisonment of the co-convicts of applicants/appellants No.2 and 4 i.e., Manjit Singh and Gurdeep Singh @ Deepa (appellants in CRA-S No. 385-SB of 2014) have been suspended vide order dated 02.09.2014 passed in CRM No.25578 of 2014, besides, sentences of imprisonment of Gurpreet Singh @ Babla and Hardeep Singh @ Danger have been suspended by this Court vide order dated 02.09.2014 passed in Crl. Misc. No.9491 of 2014. 5. The applicants/appellants No.2 and 4 have been convicted for the offences punishable under Sections 148 and 323 read with Section 149 Indian Penal Code, Section 325 read with Section 149 IPC, Section 326 read with Section 149 IPC and Section 307 read with Section 149 IPC. They have sentenced to undergo sentences of varying terms, the maximum being rigorous imprisonment for ten years, besides they have been ordered to pay fine. Substantive sentences of imprisonment have been ordered to run concurrently. 6. The role attributed to applicant/appellant No.4 – Balkar Singh @ Balkari in the incident that occurred on 26.12.2009 is that he was armed with ‘Kirpan’. It is alleged that he alongwith Manjit Singh and Hardeep Singh @ Danger (appellant No.3) grappled with Kuldeep Singh, Deep Singh and Baljinder Singh and started causing injuries to them with iron rod, ‘Kirpan’ and ‘Gandasa’ with an intention to kill. The accused made them unconscious. Thereafter, he alongwith other assailants went towards village Kular Khurd in the vehicles with their respective weapons. They also caused damage to the motorcycle make ‘Discover’. No specific role has been attributed to applicant/ appellant No.2 – Jagtar Singh @ Bittu. 7.
The accused made them unconscious. Thereafter, he alongwith other assailants went towards village Kular Khurd in the vehicles with their respective weapons. They also caused damage to the motorcycle make ‘Discover’. No specific role has been attributed to applicant/ appellant No.2 – Jagtar Singh @ Bittu. 7. In terms of the affidavits that have been filed, applicants/appellants No.2 and 4 have undergone two years, seven months and 22 days of imprisonment as on 21.09.2014 out of the sentences of ten years. There are also other cases also against the accused. It has been stated by learned counsel for the applicants/ appellants that the matter has been compromised with all the parties and the parties have now living peacefully in the village. 8. In the facts and circumstances, it would be just and expedient to suspend the sentences of imprisonment of applicant/appellant No.2 – Jagtar Singh @ Bittu and applicant/appellant No.4 – Balkar Singh @ Balkari during the pendency of the appeal. 9. Accordingly, the Criminal Misc. application is allowed and during the pendency of appeal the sentences of imprisonment of applicant/appellant No.2 – Jagtar Singh @ Bittu and applicant/appellant No.4 – Balkar Singh @ Balkari shall remain suspended subject to their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Sangrur. ---------0.B.S.0------------ ------------------