In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.31924 of 2008
in
Criminal Appeal No.802-DB of 2005
…..
Date of decision:23.10.2008
Hakim Ali
…Applicant-Appellant
v.
State of Haryana
…Respondent
Coram: Hon’ble Mr. Justice S.S. Saron
Hon’ble Mrs. Justice Sabina
Present: Mr. Ashish Gupta, Advocate for the applicant-appellant.
Mr. Kartar Singh, Assistant Advocate General, Haryana
for the respondent-State.
……
S.S. Saron, J. (Oral):
Learned counsel for the State has filed affidavit of Shri Jagjit
Singh, Superintendent, District Jail, Karnal mentioning the period of
imprisonment undergone by the applicant Hakim Ali. The same is taken on
record.
Heard learned counsel for the parties.
The applicant-Hakim Ali seeks suspension of sentence during
the pendency of the appeal. In terms of the custody certificate dated
17.10.2008, the applicant as on 16.10.2008 has undergone actual sentence
of imprisonment for six years, five months and twenty five days. He was
granted parole from 17.6.2006 to 14.7.2006. During this period, he is stated
to be involved in another case FIR No.80 of 2006 registered at Police
Station, Chilkana for the offences under Sections 392, 342 and 411 IPC.
Cr. Misc. No.31924 of 2008 in
Cr. Appeal No.802-DB of 2005
[2]
Learned counsel for the applicant has submitted that the
applicant has been granted bail in the said case. Besides, he was named as
an accused on the basis of the statement of the co-accused.
Be that as it may, in the present incident that occurred on the
intervening night of 1/2.3.2001, the applicant along with others had come to
the `Dhaba’ of Jagdish (deceased) and taken meals. After some time at
about 4.00 a.m., they again came to the said `Dhaba’ for having tea. A
dispute arose with regard to payment of money for the tea. One of the
accused, namely, Hakim Ali-applicant took out a pistol and shot dead
Jagdish.
Keeping in view the role attributed to the applicant as also his
involvement in another case while on parole, we find no ground to suspend
the sentence of imprisonment of the applicant. However, as the applicant
has undergone sentence of imprisonment of almost more than six years, it
would be just and expedient that the appeal itself be set down for hearing.
Accordingly, while declining the prayer of seeking suspension
of sentence, the appeal be listed for hearing in the month of January 2009.
The paper book of the case be completed if not already completed.
(S.S. Saron)
Judge
October 23, 2008. (Sabina)
Judge
*hsp*