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2014 DIGILAW 504 (PNJ)

Deepak v. State of Haryana

2014-03-11

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this application is for suspension of sentence of the applicant-appellant, Deepak, son of Devraj, resident of Ferozepur Bangar, Police Station, Kharkhoda, District Sonepat, who was held guilty for having committed the offences punishable under Sections 363, 366, 376 (2)(g) and 506, IPC, and ordered to undergo the following sentences:- ----------------------------------------------------------------------------------------------------------------------------------------- Under Section Sentence (R.I.) Fine In Default ---------------------------------------------------------------------------------------------------------------------------------------- 363, IPC 5 years Rs. 5,000/- 5 months 366, IPC 7 years Rs.7,000/- 10 months 376(2)(g), IPC 10 years Rs.10,000/- 1 year 506, IPC 1 year Rs.1,000/- 1 month ----------------------------------------------------------------------------------------------------------------------------------------- All the substantive sentences were ordered to run concurrently 2. Learned counsel contends that there are fairly arguable points in the appeal and the applicant-appellant has suffered approximately half of the substantive sentence. He further submits that the applicant-appellant is neither required nor involved in any other case. 3. Learned counsel for the State on the strength of the affidavit of the Superintendent, District Jail, Sonepat, dated 13.1.2014, very fairly concedes that the applicant-appellant has suffered incarceration for 4 years and approximately 10 months. He further concedes that the applicant-appellant is neither required nor involved in any other case. 4. In view of the totality of the facts and circumstances of the case and the fact that the applicant-appellant has suffered almost half of his substantive sentence and the appeal is not likely to be heard and decided in the near future, the present application is allowed. The execution of the remaining substantive sentence of the applicant-appellant, Deepak, son of Devraj, resident of Ferozepur Bangar, Police Station, Kharkhoda, District Sonepat, is ordered to be suspended during pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sonepat. ---------0.B.S.0------------