Bheera vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this application, filed u/s 389, Cr.P.C., is for suspension of sentence of applicant-appellant No. 3, Nafa Singh, who was held guilty for having committed the offences punishable under Sections 307, 323 and 325 read with Section 34, IPC, and ordered to undergo the following sentences:

All the substantive sentences were ordered to run concurrently.

Learned counsel contends that the injury attracting the mischief of Section 307, IPC, was not attributed to the applicant-appellant, Nafa Singh; that simple injury on forehead of Raghbir Singh-injured by means of a dang has been attributed to him; that the applicant-appellant, Nafa Singh, has suffered incarceration for one year and approximately three months; and the applicant-appellant is neither required nor involved in any other case.

Learned counsel for the State has produced an affidavit of Superintendent, District Jail, Kaithal, showing the period of incarceration suffered by the applicant-appellant No. 3, which is taken on record.

Heard.

Perusal of the above affidavit reveals that the applicant-appellant No. 3 has suffered incarceration for one year and more than three months. He is neither required nor involved in any other case. The injury attracting the mischief of Section 307, IPC, has not been attributed to the applicant-appellant.

Keeping in view the totality of the facts and circumstances of the case, the present application is allowed. Execution of the remaining substantive sentence of applicant-appellant No. 3, Nafa son of Chhajju Ram, resident of Village Teek, District Kaithal, is ordered to be suspended during pendency of the appeal subject to his furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Kaithal.