CRL.No.51093-95 of 2008 and CRM No.6072 of 2008 in
Crl.Appeal No. 901-SB of 2008(O & M)
Present: Mr. Chanakya Pandit, Advocate
for the applicant-appellant
Mr. Tarunveer Vashisht, Additional A.G.Haryana.
Mr. Anhul Singh, Advocate
for the complainant.
***
Crl.Misc.No.51094-95 of 2008
Allowed as prayed for.
Crl.Misc.No.60729 of 2008
Allowed as prayed for.
Crl.Appeal No.901-SB of 2008
Custody certificates of applicants-appellants no. 1,3
and 4 are taken on record.
This order shall dispose of Crl.Misc.No.51093 of 2008
moved by appellant No.1 Karam Chand applicant-appellant
seeking suspension of sentence as well as Crl.Misc.No.60728 of
2008 moved by Chhotu Ram and Jagat Ram, appellant Nos. 3 & 4
under Section 389 of Code of Criminal Procedure seeking
suspension of sentence during the pendency of the appeal.
I have heard the learned counsel for the parties,
besides perusing the record with due care and circumspection.
The custody certificates of all the applicants-appellants are taken
on record.
The injuries attributed to Karam Chand, applicant-
appellant with Danda is on the legs and on the left shoulder of
Mala. These injuries have been declared simple in nature. These
Crl.Appeal No.901-SB of 2008(O&M) [2]
injuries attributed to Chhotu Ram, applicant-appellant with
Gandasi are on the head of Mala and Ratna. These injuries were
also declared simple in nature. The injury attributed to Jagat
Ram, applicant-appellant with Gandasi is on the head of Ratna
which has already been declared simple in nature. No injury has
been attributed to either of the applicants on the body of the
deceased Karam Chand.
As per custody certificates, Karam Chand, applicant-
appellant has under gone 2 years, 3 months and 11 days of the
actual sentence, Jagat Ram has under gone 1 year, 11 months
and 15 days of actual sentence as on 2nd July, 2008 and Chottu
Ram has under gone 1 year, 10 months & 13 days of actual
sentence as on 2.07.2008.
The appeal is not likely to be heard within measurable
distance of time.
The sentence of the applicants-appellants No.1,3 & 4
namely Karam Chand, Chottu Ram and Jagat Ram respectively
shall remain suspended during the pendency of the appeal.
Bail to the satisfaction of the Chief Judicial Magistrate,
Ambala.
[HARBANS LAL]
JUDGE
21st January, 2009
SKaushik