Amar @ Amar Singh vs State of Haryana

The applicant Amar alias Amar Singh has filed Crl. Misc. No.30465 of 2012 seeking suspension of sentence of his imprisonment during the pendency of the criminal revision No.1525-DB of 2012. Heard counsel for the parties.

The Principal Magistrate, Juvenile Justice Board, Faridabad vide order dated 28.2.2011 held that the prosecution had proved the involvement of the juvenile (now petitioner) in conflict with law for the commission of an offences punishable under Sections 302 and 201 Indian Penal Code ("IPC" -for short). By an order passed on 3.3.2011, the petitioner was ordered to be kept at Special Observation Home, Ambala City for three years for commission of an offence punishable u/s 302 IPC and he was ordered to be further kept at Special Observation Home, Ambala City for one year for commission of an offence punishable u/s 201 IPC, but the substantive sentences were ordered to run concurrently. Aggrieved against the said order, the petitioner filed an appeal in the Sessions Court at Faridabad. The learned Additional Sessions Judge, Faridabad vide his judgment and order dated 18.4.2012 held that the Principal Magistrate, Juvenile Justice Board had rightly convicted the juvenile in conflict with law and sent him to Special Observation Home, Ambala City. After finding no merit in the appeal, the same was dismissed. The revision petition was admitted by this Court on 24.5.2012 and was ordered to be listed along with CRA No.D-50-DB of 2011 and CRA No.D-440-DB of 2011.

Learned counsel for the State has filed affidavit of Sh. Raj Kumar Goel, Superintendent, Observation Home, Ambala mentioning the period of imprisonment undergone by the applicant as also affidavit of Sh. Rajender Singh, Deputy Superintendent, District Jail, Faridabad also mentioning the period of imprisonment undergone by the applicant.

In terms of the affidavit of Sh. Raj Kumar Goel, Superintendent, Observation Home, Ambala, the applicant-Amar alias Amar Singh has undergone imprisonment of eleven months and thirteen days upto 29.3.2011. He has undergone undertrial period from 21.4.2010 to 2.3.2011 i.e. ten months and sixteen days and conviction period from 3.3.2011 to 29.3.2011 i.e. twenty-seven days. Thereafter, he was transferred to the District Jail, Faridabad. The transfer was effected in terms of the order dated 25.3.2011 passed by the learned Sessions Judge, Ambala on the request of the applicant on the ground that his parents were unable to come to Ambala to meet him and he requested that he be transferred to Faridabad. The In charge, Observation Home, Ambala had also submitted that his association with other inmates may have ill-effect on them and requested for his transfer to District Jail, Faridabad. Accordingly, the learned Sessions Judge, Ambala ordered his transfer to District Jail, Faridabad.

In terms of the affidavit of Sh. Rajender Singh, Deputy Superintendent, District Jail, Faridabad, the applicant has undergone imprisonment of two years, two months and twenty-five days out of the sentence of three years. He was involved in three other cases; out of them in two cases, he has been acquitted and in one case he has undergone his imprisonment.

The revision petition of the petitioner stands admitted and out of the sentence of three years that has been imposed, the applicant has undergone imprisonment of two years, two months and twenty-five days as on 16.7.2012. Therefore, it would be just and expedient to suspend the sentence of imprisonment of the applicant as in case the applicant completes his sentence of imprisonment, the purpose of filing the revision petition which has been admitted is likely to be defeated. The criminal appeal i.e. CRA No.D-50-DB of 2011 titled Rahul alias Tarjan v. State of Haryana has been admitted. Besides, criminal appeal of Anita wife of Late Diwakar Mishra v. Rahul alias Tarjan and another i.e. CRA No.D-440-DB of 2011 has been ordered to be listed along with CRA No.D-50-DB of 2011. Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant-Amar alias Amar Singh shall, during the pendency of the revision petition, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Faridabad.