Research › Search › Judgment

Punjab High Court · body

2016 DIGILAW 924 (PNJ)

Ashok Kumar @ Ram Singh v. State of Haryana

2016-03-16

DAYA CHAUDHARY

body2016
ORDER : 1. Heard arguments of learned counsel for the petitioner as well as learned State counsel. 2. Revision requires consideration. 3. Admitted. CRM-11522 of 2015 1. Learned counsel for the applicant-petitioner submits that the applicant-petitioner has undergone actual sentence of more than 1 year and 2 months against total sentence of 3 years and the revision may take some time in final disposal. Learned counsel further submits that the sentence of 3 years has been awarded to the applicant-petitioner as he was juvenile at the time of occurrence. Learned counsel has also relied upon judgments passed by Hon'ble the Supreme Court in Babban Rai and another v. State of Bihar, 2008(supp) AIR (SC) 356, Pradeep Kumar v. State of U.P., AIR 1994 SC 104 as well as judgment passed by this Court in Rajesh Kumar v. State of Haryana, 2011 (1) RCR (Criminal) 830 in support of his arguments whereas learned State counsel has relied upon judgment of three Judges' Bench of Hon'ble the Supreme Court in Salil Bali v. Union of India and another, 2013(3) RCR (Criminal) 796 which is subsequent to Babban Rai's case (supra). Learned State counsel also submits that this issue was dealt with in judgment of Hon'ble the Supreme Court in Union of India and others v. R.P. Singh, AIR 2014 SC 2541 wherein it has been held that if a subsequent judgment of equal strength is there and different view has been taken and there is no discussion of the earlier judgment, then it cannot be said that the earlier judgment is not applicable. 2. Without commenting anything on the merits of the case and keeping in view the actual custody period undergone by the applicant-petitioner i.e., more than 1 year and 2 months against total sentence of 3 years; and the fact that the revision may take some time in final disposal, the application is allowed. Sentence of the applicant-petitioner (Ashok Kumar @ Ram Singh) shall remain suspended during pendency of the revision petition. He is directed to be released on bail on furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate, Karnal.