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2016 DIGILAW 2559 (PNJ)

Ranjit Singh v. State of Punjab

2016-09-14

AJAY TEWARI

body2016
ORDER : Ajay Tewari, J. This is an application for suspension of sentence of applicant-appellant during the pendency of appeal. 2. Custody certificate by way of an affidavit of Sh. Manjit Singh Tiwana, PPS, Deputy, New District Jail, Nabha has been filed and the same is taken on record. As per the custody certificate, the applicant-appellant has undergone 01 year 06 months and 07 days of actual imprisonment out of total sentence of 04 years. 3. Learned counsel for the applicant argued that the recovery was small in quantity. 4. Learned DAG has pointed out that the petitioner was also earlier convicted in case under Section 21 of NDPS Act but accepted that sentence was over on 11.08.2014. 5. In the circumstances, I do not deem it appropriate to deny the prayer for suspension of sentence. Keeping in view the period of incarceration already undergone by the applicant, I deem it appropriate to suspend the sentence of the applicant during the pendency of the appeal. 6. Ordered accordingly. 7. Bail to the satisfaction of CJM/Duty Magistrate Fatehgarh Sahib. 8. However, there is another aspect. As per the custody certificate, in the present case the petitioner was in under trial custody from 12.04.2013 to 13.09.2013 and thereafter from 06.08.2015 to 18.11.2015. SSP, Fatehgarh Sahib is directed to file a personal affidavit to explain how and in what circumstance the petitioner was out of custody from 13.09.2013 to 06.08.2015. 9. Adjourned to 20.10.2016 for this purpose.