Anup Singh vs State of Haryana

Inderjit Singh, J.—Custody certificate has been produced. Same is taken on record.

Prayer in the present application is for suspension of sentence of applicant-appellant Anup Singh and stay of recovery of fine during the pendency of appeal.

Learned Additional Sessions Judge, Rohtak, vide judgment of conviction dated 06.03.2014 and order of sentence dated 07.03.2014, passed in case FIR No. 369 dated 30.09.2009, held the applicant-appellant guilty for the commission of offence punishable under Sections 452 and 307 and u/s 25 of the Arms Act and sentenced him to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5000/- u/s 307 IPC; rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 3,000/- u/s 452 IPC and rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 2,000/- u/s 25 of the Arms Act.

Feeling aggrieved against the said judgment of conviction and order of sentence, the applicant-appellant filed an appeal which has been admitted by this Court vide order dated 11.04.2014.

Learned counsel for the applicant-appellant contended that the eye witnesses had not supported the prosecution version and were got declared hostile by the public prosecutor. Learned counsel for the petitioner further contended that the applicant-appellant has already undergone more than 4 years of actual sentence.

On the other hand, learned State counsel opposed the application for suspension of sentence.

As per custody certificate, produced by learned State counsel, the applicant-appellant has already undergone 4 years and 21 days of actual sentence.

The appeal is not likely to mature for hearing in the near future. Therefore, in the facts and circumstances, the criminal miscellaneous application is allowed and the sentence of imprisonment of applicant-appellant during the pendency of appeal shall remain suspended and he is admitted to bail subject to his furnishing personal bonds and surety to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Rohtak.

However, only recovery of fine shall remain stayed till the final decision of appeal.