Ashu @ Aas Mohd. and others vs State of Haryana

The appellants Arshad, Aslam Khan, Sajid, Akram, Shazad, Rasid and Azad have preferred these applications for suspension of sentence and grant of bail.

The fact remains that these accused/appellants have been convicted under Sections 307, 323, 324, 325 read with Section 34 I.P.C. As per custody certificates placed on record by learned State counsel, Arshad, Aslam Khan, Rasid and Sajid have already undergone a sentence period of 2 years and 29 days as on today and the others, namely, Akram, Shazad and Azad have already undergone a sentence period of 1 year and 5 days as on today.

We have heard the submissions made on either sides.

It is the case of prosecution that the applicants/appellants Arshad, Aslam Khan, Sajid, Akram, Shazad have caused only simple injuries on the person of PW-1, PW-2, PW-3 and PW-6 respectively. Rasid has allegedly caused grievous injuries. Azad was not attributed with any injury.

Considering the nature of offence allegedly committed by these applicants/appellants, the period already undergone by them and the fact that it may take some time for the appeal to mature for final hearing, we are of the view that the applicants/appellants have made out a case for suspension of sentence and grant of bail.

Accordingly, prayer in these applications is allowed. Remaining sentence of the applicants/appellants shall remain suspended during the pendency of appeal.

Applicants/appellants be enlarged on bail subject to satisfaction of C.J.M./Duty Magistrate, Nuh.

Applications are disposed of.