Research › Search › Judgment

Punjab High Court · body

2022 DIGILAW 878 (PNJ)

Raj Kumar @ Raju v. State Of Punjab

2022-05-12

G.S.SANDHAWALIA, VIKAS SURI

body2022
JUDGMENT CRM-14132-2022 1. Application for placing on record Annexures A-l and A-2 and exemption from filing certified copies of the same, is allowed, subject to all just exceptions. Annexures A-l and A-2 are taken on record. Office to append the same at the relevant place. 2. CRM stands disposed of. CRM-14133-2022 3. Application for suspension of sentence of the applicant/appellant Raj Kumar @ Raju, who had been sentenced to undergo rigorous imprisonment for a period of 8 years under Sections 364 and 120-B IPC, respectively, has been filed. 4. Custody certificate dated 12.05.2022 showing actual undergone period of the applicant/appellant of 3 years, 5 months and 27 days has been filed. 5. Counsel for the State has opposed the bail application on the ground that the applicant was released on parole on 16.07.2020 due to Covid-19 pandemic and he was supposed to surrender on 08.05.2021. However, he did not surrender on that date and absconded and only surrendered on 06.02.2022. An FIR No.21 dated 05.02.2022 also had been lodged under Section 8 (2) and 9 of the Punjab Good Conduct PrisonersTemporary Release Act, 1962 on that account. It is further pointed out that even on an earlier occasion he had absconded from the trial Court at the initial stage and was declared proclaimed offender. It is accordingly argued by Mr. Tinna that on account of his conduct itself he is not entitled for the benefit of suspension of sentence. 6. Counsel for the applicant on the other hand brought to our notice that the applicant is having severe medical issue in as much as he is physically handicapped and his left leg has been * amputated. It is further pointed out that he could not surrender on time on account of the fact that he was Covid-19 positive. Vide order dated 20.04.2022, counsel for the State had been asked to verify the medical condition of the applicant. 7. The affidavit of the Superintendent, Central Jail, Ludhiana has also been filed, wherein the medical status dated 11.05.2022 from the Medical Officer, Central Jail, Ludhiana has been appended as Annexure R-l. The same reads as unden- "AS PER RECORD Subject: Medical report of CT Raj Kumar S/o Ajaib Singh. It is submitted that CT Raj Kumar S/o Ajaib Singh was examined in the medical OPD of Jail Hospital on 11.05.2022 by the undersigned. It is submitted that CT Raj Kumar S/o Ajaib Singh was examined in the medical OPD of Jail Hospital on 11.05.2022 by the undersigned. On examination, patient gave alleged history of amputation of left leg in July 2017 but no record present by the patient. On general examination, patient has complained of ulcer on right foot (Dorsum) and ulcer present on amputated left distally forwhich he is on treatment and regularly antiseptic dressing under sterile condition done. The patient was also referred to Civil Hospital Ludhiana on 12.05.2022 for ortho consultation. The general condition of the patient is stable. This is for your kind information." 8. It is also further pointed out from the paper-book that the role as such of the applicant regarding the kidnapping and death of Rupinder Singh has not been proved beyond doubt and only allegation was that at the time of the kidnapping as such he was stated to be driving the scooter alongwith the other accused behind the car. It is, thus, submitted that the benefit of acquittal was to be granted, but the trial Court has not granted the same, though convicted him under Sections 364 and 120-B IPC for a period of 8 years. 9. In view of the above facts and the fact that conviction is for a period of 8 years out of which he has undergone 3 years, 5 months and 27 days and also in view of precarious medical condition, which has been noticed above, we are of the considered opinion that it would entail lot of difficulty as such to the applicant, if he is further kept in custody on account of his disability, which is apparent on account of the amputation of left leg. 10. It has further been pointed out that the same is on account of gangrene and there are chances of the same extending to the other limb and if he is not properly treated under sterileconditions, chances of infection are possible. 11. In such circumstances, thought the conduct as such of the applicant is wanting, which would entitle him the benefit of suspension of sentence, but keeping in view his precarious medical condition and also that prima facie the finding as such on the basis the conviction was recorded is shaky, debatable issue would arise whether the conviction can be sustained or not. Thus, we are of the considered opinion that it would be in the interest of justice, if he is * granted the benefit of suspension of sentence, as the appeal is not likely to be taken up in the near future. 12. Accordingly, in view of the above, the application is allowed. Remaining sentence of the applicant/appellant shall remain suspended during the pendency of the appeal. He be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ludhiana.