Amit Singh and Others vs State of Haryana

S.S. Saron, J.—Learned counsel for the State has filed affidavit of Shri Shishu Pal Singh, Superintendent, District Jail, Bhiwani, mentioning the period of imprisonment undergone by the applicant/appellant No. 2-Sombir. The same is taken on record.

Heard learned counsel for the parties.

The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment for a period of two weeks to applicant/appellant No. 2-Sombir.

The marriage of sister of applicant/appellant No. 2 namely Kavita is to be solemnized on 11.3.2012. Notice was issued to Advocate General, Haryana.

Learned counsel for the State submits that ASI Deshraj, Police Post Dinod Gate, Police Station, Bhiwani, has conducted the inquiry and recorded the statements from the girl side as well as boy side to the marriage, who have informed that marriage of Kavita is to be solemnized on 11.3.2012.

In terms of the affidavit of Shri Shishu Pal Singh, Superintendent, District Jail, Bhiwani, the applicant/appellant No. 2-Sombir @ Kala has undergone imprisonment of 2 years, 3 months and 23 days as on 02.03.2012.

Learned counsel for the applicant/appellant No. 2-Sombir has submitted that during the trial, the mother of applicant/appellant No. 2 had died and he was granted interim bail.

The affidavit of Shri Shishu Pal Singh, Superintendent, District Jail, Bhiwani, shows that during under trial period, the applicant/appellant No. 2 had undergone imprisonment from 29.10.2009 to 08.05.2010 and 17.05.2010 to 25.04.2011, which according to learned counsel for applicant/appellant No. 2 is indicative of the fact that applicant/appellant No. 2 was on bail from 09.05.2010 to 16.05.2010. It is also submitted that a prisoner is not entitled for temporary release on parole under the Haryana Good Conduct Prisoners (Temporary Release) Act unless he has completed one year of imprisonment after conviction which the applicant/appellant No. 2 has not completed so far. Both the parents of theapplicant/appellant No. 2 are stated to have died.

After giving our thoughtful consideration to the matter, it would be just and expedient to suspend the sentence of imprisonment of applicant/appellant No. 2-Sombir, for two weeks so as to enable him to solemnize the marriage of his sister Kavita.

Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No. 2-Sombir, shall remain suspended for a period of two weeks from the date he is released from jail subject to his furnishing personal bond and two sureties from District Bhiwani to the satisfaction of the learned Chief Judicial Magistrate, Bhiwani. The petitioner shall also file an undertaking in the Court of learned Chief Judicial Magistrate, Bhiwani that on expiry of the said period he will surrender in jail.