IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. 47869 of 2008 in
Crl. Appeal No. 293-DB of 2002
Date of decision: November 19, 2008
Roop Singh and others
..... Applicants/Appellants
Versus
State of Haryana
..... Respondent
CORAM: HON'BLE MR. JUSTICE S.S. SARON.
HON'BLE MRS. JUSTICE SABINA.
Present: Ms. Tanu Bedi, Advocate (amicus curiae)
for the applicant- Daljit Singh (appellant No.3).
Mr. H.S. Sran, Addl. A.G., Haryana.
***
S.S. SARON, J. (ORAL)
Affidavit of Sh. Sukhdev Singh Saggu, PPS-I Superintendent, Central
Jail, Ferozepur mentioning the period of imprisonment undergone by the applicant-
Daljit Singh (appellant No.3) filed in Court today is taken on record.
Heard counsel for the parties.
The applicant-Daljit Singh (appellant No.3) by way of Crl. Misc.
application seeks suspension of sentence of imprisonment during the pendency of the
appeal.
In terms of the affidavit that has been filed in Court today, the applicant
Daljit Singh (appellant No.3) has undergone actual imprisonment of nine years, four
months and ten days as on 17.11.2008. He has been granted 140 days’ parole during
this period and he misused the parole for a period of twenty days for which he has
Crl. Misc. No. 47869 of 2008 in [2]
Crl. Appeal No. 293-DB of 2002
been convicted to rigorous imprisonment for four months in a complaint case under
Section 9 of the Punjab Prisoners Good Conduct (Temporary release) Act, 1962.
Besides, during parole, the applicant was also involved in a case under Section 379
IPC registered at Police Station Sadar Jalalabad for which he has been convicted on
16.9.2006 and sentenced to undergo rigorous imprisonment for one year, four months
and fine of Rs. 500/- and in default of payment of fine, to undergo imprisonment for
ten days.
The present case, according to the learned counsel appearing for the
applicant-Daljit Singh (appellant No.3), is based primarily on circumstantial
evidence. Though one eye-witness namely Kashmir Singh (PW-2) was introduced at
a belated stage, it is submitted that his testimony is unreliable and not worthy of any
credence. Besides, it is submitted that the co-accused of the applicant namely Bittu
Singh son of Joginder Singh (appellant No.2) has been granted bail in terms of order
dated 16.4.2007 passed by this Court.
Learned counsel for the State has opposed the application and submitted
that keeping in view the misuse of parole on the part of the applicant and also his
conviction in another case for the offence under Section 379 IPC, the applicant-Daljit
Singh (appellant No.3) is not entitled to the concession of suspension of sentence.
After giving our thoughtful consideration to the matter and perusing the
record, it may be noticed that the applicant has undergone nine years, four months
and ten days of imprisonment as on 17.11.2008. His co-accused Bittu Singh
(appellant No.2) has been granted the concession of bail by this Court vide order
dated 16.4.2007. The case is based primarily on circumstantial evidence. Though
one eye-witness is stated to have been introduced later. The fact that the applicant
has been involved in two other cases in the facts and circumstances is not of much
consequence keeping in view the period of imprisonment undergone by the applicant.
Crl. Misc. No. 47869 of 2008 in [3]
Crl. Appeal No. 293-DB of 2002
The appeal is not likely to mature for hearing in the near future. In the facts and
circumstances, it would be just and expedient that the sentence of imprisonment of
the applicant Daljit Singh (appellant No.3) is suspended.
Accordingly, Crl. Misc. 47869 of 2008 is allowed and the sentence of
imprisonment of the applicant-Daljit Singh (appellant No.3) shall during the
pendency of the appeal remain suspended subject to his furnishing personal bond and
surety to the satisfaction of the learned Chief Judicial Magistrate, Muktsar.
(S.S. SARON)
JUDGE
(SABINA)
JUDGE
November 19, 2008
amit