Ajay Kumar and Others vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of applicant/appellant No. 3, Ganesh Rai, who was held guilty for having committed the offence punishable u/s 304 (Part-II) read with Section 34, IPC, and ordered to undergo rigorous imprisonment for five years besides payment of fine of Rs. 2000/- and in default thereof to undergo further simple imprisonment for three months.

Learned counsel contends that there are fairly arguable points in the appeal and the same is not likely to be decided in near future; and that applicant/appellant No. 3 has suffered incarceration for one year and approximately eight months out of the substantive sentence of five years.

Learned counsel for the State has produced the affidavit of the Superintendent, Central Jail, Ambala, showing the period of incarceration suffered by applicant/appellant No. 3 which is taken on record. He has opposed the prayer for suspension of sentence of applicant/appellant No. 3 on the premise that in the FIR, the allegation against him was that he along with his co-accused caught hold the hands and legs of the deceased and thereafter, Vikram inflicted an injury on his (deceased) head by means of an iron rod.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

Concededly, applicant/appellant No. 3 has been held guilty for the offence punishable u/s 304 (Part II) read with Section 34, IPC, and ordered to undergo rigorous imprisonment for five years besides payment of fine of Rs. 2000/-. Perusal of the affidavit placed on record by the learned counsel for the State reveals that applicant/appellant No. 3 has suffered incarceration for 01 year, 07 months and 28 days as on 17.05.2014. There are fairly arguable points in the appeal, which is not likely to be heard and decided in near future. Applicability of Section 34, IPC would also be a moot point at the time of final arguments.

In view of the totality of the facts and circumstances of the case, the present application is allowed. The execution of the remaining substantive sentence of applicant/appellant No. 3 Ganesh Rai, son of Umesh Rai, r/o Plot No. 363, Phase No. 9, Industrial Area, Mohali, Punjab, is ordered to be suspended during the pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Panchkula.