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2023 DIGILAW 2045 (PNJ)

Sewak Singh v. State of Punjab

2023-07-04

KULDEEP TIWARI, RITU BAHRI

body2023
JUDGMENT Kuldeep Tiwari, J This is the third application, under Section 389 Cr.P.C., for suspension of sentence of the applicant-appellant No.2-Gurmit Singh @ Gaggu, during the pendency of the appeal. 2. The applicant-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Section 302 read with Section 34 of IPC and further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under section 25 of the Arms Act by the learned trial Court vide judgment of conviction dated 27.10.2017 and order of sentence dated 31.10.2017. 3. At the very outset, the learned counsel for the applicant-appellant submitted that the applicant-appellant has undergone more than 5 years of actual sentence and the appeal is of the year 2017 which is likely to take more time to be decided. He places reliance upon a judgment of this Court passed in the case of "Dharam Pal v. State of Haryana, 1999(4) RCR (Criminal) 600" and submits that his case is squarely covered by the ratio of Dharam Pal's case (Supra). 4. The learned State counsel placed on record the fresh custody certificate dated 3.7.2023 issued by the Superintendent of Central Jail, Ferozepur. The same is taken on record. He further submitted that the present case is a case of honour killing. The applicant-appellant fired at the chest of Gulab Singh, therefore, he does not deserve the concession of suspension of sentence. However, he fairly submits that the applicant-appellant has undergone 3 years, 5 months and 5 days of actual custody period after conviction and his total actual undergone custody period is 5 years, 11 months and 14 days. He also earned remissions of 2 years, 9 months and 18 days and, therefore, his total undergone sentence including remissions comes out to be 8 years, 8 months and 27 days. 5. We have perused the custody certificate, placed on record by the learned State counsel. As per the custody certificate, there is no other criminal case against the applicant-appellant and his case is squarely covered by the ratio of the judgment in Dharam Pal's case (Supra). 5. We have perused the custody certificate, placed on record by the learned State counsel. As per the custody certificate, there is no other criminal case against the applicant-appellant and his case is squarely covered by the ratio of the judgment in Dharam Pal's case (Supra). The appeal pertains to the year of 2017 wherein not likely to be heard in near future. Therefore, the present application is allowed, but without meaning to comment anything on merits of the appeal. The remaining sentence of the applicant-appellant shall remain suspended during pendency of the appeal and he shall be released on bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate concerned.