Balraj and Another vs State of Haryana

S.S. Saron, J.—Affidavit of Jagjit Singh, Superintendent, District Jail, Karnal mentioning the sentence of imprisonment undergone by the applicant-Appellant No. 1 (Balraj) filed in Court today, is taken on the record.

Heard learned Counsel for the parties.

The applicant-Appellant No. 1 seeks suspension of sentence during the pendency of the appeal. The applicant-Balraj along with his wife Raj Bala-Appellant No. 2 have been convicted for the offences punishable under Sections 452, 323 and 306 read with Section 34 IPC. They have been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of `2000/-each for the offence u/s 306 read with Section 34 IPC. In default of payment of fine, they have been ordered to undergo further rigorous imprisonment for two months. The Appellants have also been sentenced for the offences u/s 452 and Section 323 IPC for imprisonment for three years and six months respectively; besides have been ordered to pay fine. The sentences have, however, been ordered to run concurrently.

In terms of the custody certificate that has been filed in Court, the applicant-Appellant No. 1 (Balraj) up to 20.7.2010 has undergone imprisonment of 1 year, 4 months and 29 days. As on date, he has undergone further imprisonment for about 6 months and has undergone more than 1-1/2 years of sentence. There is no other case pending against him.

The prosecution in order to establish its case, examined complainant-Umed Singh (PW4) , Sandeep Singh PW5 and Raghbir Singh PW8.

Learned Counsel for the applicant-Appellant No. 1 has stated that the said witnesses were interested and tutored witnesses. It is submitted that Amar had committed suicide as he used to tease and misbehave with the daughter of the Appellant, namely, Suman, who was studying in B. Sc. Ist year at Rohtak. Suman had asked Amar (deceased) not to misbehave with her; besides, she had narrated the incident about Amar by sending letter (Ex.D1). The applicant-Appellant No. 1(Balraj) had shown the said letter to the father of Amar, who had rebuked Amar for this activity. On the next day, the applicant-Appellant came to know that Amar had committed suicide. There are arguable points in the appeal which would require consideration at the time of final hearing. The sentence of imprisonment of Raj Bala-Appellant No. 2 has been suspended vide order dated 26.2.2010. She had undergone imprisonment of more than about 1 year and 1 month at the time of suspension of sentence. The Appellant is in custody for the last about 1-1/2 years. The appeal is not likely to mature for hearing in the near future.

In the facts and circumstances, the sentence of imprisonment of the applicant-Appellant No. 1 (Balraj) during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Rohtak.

The Criminal Miscellaneous Application stands disposed of.