Anita vs State of Punjab

M.L. Koul, J.

Balbhadar Singh and Kulbir Singh, appellant Nos. 2 and 4, who have not been given bail so far, stood convicted under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years for having committed the dowry death of one Sukhwinder Kaur. The other coaccused have already been granted bail.

On the last date of hearing Mr. Dadwal had argued on behalf of the convicts that they have already undergone substantial portion of imprisonment of three years and have also earned remissions of about two years each and in this way they have already undergone 5 years of sentence. Mr. Sullar was directed to inform this Court as to how much sentence the convictpetitioners have already undergone including remissions. In this regard a written report has been filed by Mr. Sullar from the Superintendent Central Jail, Jalandhar which indicates that both of them have undergone imprisonment for five years nine months and ten days out of the total sentence of seven years awarded to them.

No doubt the convicts have been convicted for a serious offence but it is never the concept of law that the people should undergo full sentence and then only the appeal could be decided. There is no likelihood of the appeal of the convicts coming up for hearing in the near future. The convicts are not supposed to languish in jail to undergo the whole sentence awarded to them before their appeal comes up for final adjudication. The convicts have already undergone substantial period of sentence awarded to them and no injustice would be caused if they are granted bail and their sentence is suspended. Hence, both Balbhadar Singh and Kulbir Singh appellants are directed to be released on bail on their furnishing bail bonds in the amount of Rs. 50,000/ each with one surety and personal recognizance bond each in the like amount to the satisfaction of the trial Court/Chief Judicial Magistrate, Jalandhar.