High Court Punjab-Haryana High Court

Om Parkash @ Sanjay Kangari vs State Of Punjab on 28 January, 2009

Punjab-Haryana High Court
Om Parkash @ Sanjay Kangari vs State Of Punjab on 28 January, 2009
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                     CRM Nos.57537-38 of 2008 in
                                     CRA No. 2410 SB of 2008
                                     Date of decision: 28.1.2009

Om Parkash @ Sanjay Kangari

                                                        ...applicant/appellant

                  Versus

State of Punjab
                                                                ...Respondent

CORAM:      HON'BLE MR.JUSTICE HARBANS LAL


Present:    Mr.Surinder Sharma, Advocate for the applicant/appellant

            Mr.Abhishek Chautala, AAG, Punjab

                         ***
Harbans Lal, J.

CRM No.57537 of 2008

Allowed as prayed for.

CRM No.57538 of 2008

Custody certificate is taken on record.

This application has been moved by Om Parkash @ Sanjay

Kangari under Section 389 of Cr.P.C. seeking suspension of sentence

during the pendency of the appeal.

I have heard the learned counsel for the parties.

Learned counsel for the applicant/appellant states that co-

accused Gandi @ Gagandeep, who was similarly situated to the applicant,

has been admitted to bail by this Court vide order dated 16.10.2008 passed

in CRM No. 43334 of 2008 in CRA No. 1748 SB of 2007. As per the

custody certificate, the applicant has undergone 1 year, 10 months and 19

days of the actual sentence as on 26.1.2009.
CRM Nos.57537-38 of 2008 in
CRA No. 2410 SB of 2008 -2-

Appeal is not likely to be heard and disposed of within a

measurable distance of time.

Sentence of the applicant/appellant- Om Parkash @ Sanjay

Kangari shall remain suspended during the pendency of appeal.

Bail to the satisfaction of learned Chief Judicial Magistrate,

Jalandhar.

January 28, 2009                                (Harbans Lal)
gsv                                                 Judge