Charanjit Singh Etc vs State Of Punjab on 17 November, 2008

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH


                           Crl. Misc. No. 43603 of 2008 and
                           Crl.Misc. No. 49521 of 2008 in
                           Crl.A. No. 902-DB of 2005
                            Date of Decision: November 17, 2008



Charanjit Singh etc.                            ...........Appellants


                    Versus


State of Punjab                                 ......Respondent


Coram:          Hon'ble Mr.Justice S.S.Saron
               Hon'ble Mrs. Justice Sabina



PRESENT      Mr.S.S.Rana, Advocate for
            the applicant-Sukhdev Singh (appellant No.2)
             Mr.D.S.Gurna, Advocate for the applicant-
            Charanjit Singh (appellant No.1)
            Mr.S.S.Bhinder, Addl.A.G. Punjab

                             **


S.S.Saron,J.

This order will dispose of Crl.Misc. applications No. 43603

and 49521 of 2008 in Crl.Appeal No. 902-DB of 2005 filed by applicants

Sukhdev Singh (appellant No.2) and Charanjit Singh (appellant No.1)

seeking suspension of sentence of imprisonment.

Learned counsel for the State has submitted affidavits of

Kuldeep Singh, PPS-I, Superintendent, Central Jail, Ludhiana mentioning

the period of imprisonment undergone by the applicants-Sukhdev Singh

and Charanjit Singh and the same are taken on record.

Heard counsel for the parties.

The applicants-Sukhdev Singh (appellant No.2) and
Crl. Misc. No. 43603 of 2008 and
Crl.Misc. No. 49521 of 2008 in -2-
Crl.A. No. 902-DB of 2005

Charanjit Singh (appellant No.1) have undergone more than 6 years of

imprisonment which includes 3 years after their conviction. No other case

is pending against them. Both the applicants were granted parole.

However, they have not misused the concession of parole granted to them.

Keeping in view the period of imprisonment undergone by the

respective applicants, the parameters laid down by the Division Bench of

this Court in the case of Dharampal v. State of Haryana 1999 (4) RCR

(Crl.) 600 have been fulfilled. The appeal is not likely to mature for hearing

in near future. It the facts and circumstances, it would be just and

expedient to suspend the sentence of imprisonment of applicants.

Accordingly, the Crl.Misc. applications are allowed and the sentence

of imprisonment of the applicants- Sukhdev Singh (appellant No.2) and

Charanjit Singh (appellant No.1) shall remain suspended during the

pendency of the appeal subject to their furnishing personal bond and surety

each to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana.

(S.S.Saron)
Judge

( Sabina )
Judge
November 17, 2008
arya