Binder and Another vs State of Haryana

The Crl. Misc. application has been filed seeking suspension of sentences of imprisonment of the applicants/appellants during the pendency of the appeal and for staying the recovery of fine qua Binder (applicant/appellant No. 1) Learned State counsel has filed affidavit of Sh. Sanjay Singh, Superintendent of Prison, Narnaul mentioning the period of imprisonment undergone by the applicant/appellant No. 2 Golu @ Bhupinder. The same is taken on record.

The affidavit dated 21.8.2013 of Sh. Dinesh Yadav, Deputy Superintendent of Prison, Narnaul mentioning the period of imprisonment undergone by the applicant/appellant No. 1 Binder has already been filed.

Heard counsel for the parties.

In the incident that occurred during the intervening night of 14/15.1.2012 at about 12 midnight, it is alleged by the complainant Jaswant Singh that he along with his children was sleeping in his house. He heard a noise as somebody had kicked the door of his house. On hearing the noise, the complainant along with his wife Lata as also his sons Rajender and Kuldeep woke up. When he came out, he saw Golu @ Bhupinder (applicant/appellant No. 2), Binder (applicant/appellant No. 1), Manoj @ Takla (appellant in CRA No. S-2289-SB of 2013), Sunil, Sanjay, Anil and Arun had entered their house by breaking open the door. When the complainant raised an objection of their entering the house, then Golu @ Bhupinder (applicant/appellant No. 2) fired a shot with his country made pistol and Manoj @ Takla (appellant in CRA No. S-2289-SB of 2013) fired another shot with his country made pistol by pointing it towards the complainant with an intention to kill him. The complainant had a narrow escape and the bullet hit the staircase of his house. Binder (applicant/appellant No. 1) caught hold of the complainant and Sunil gave a ''sword'' blow on his head and another ''sword'' blow was inflicted on the wrist of his left hand. Sanjay gave an iron rod blow from its pointed sharp side on his nose. Arun and Anil also beat his wife and sons. When the complainant and his family raised an alarm of ''bachao bachao'', all the assailants then fled away leaving the ''saria'' (iron rod). While the assailants were beating them inside their house then 4-5 co-accused were standing outside the gate whom he could not identify. The aforesaid accused also committed a similar incident by entering the house of Narain son of Sh. Mangat Ram. The cause of the incident was that 4-5 days earlier they had given a beating to his nephew Montu son of Ashok in collusion with Vicky @ Babbu. A criminal case had been lodged against them at Police Station Rampura. Because of the said grudge of the earlier incident, all the aforesaid persons were roaming about here and there to beat them again. They dialed the Police telephone No. 100 and two ''Gypsy'' vehicles reached there. The injured were taken to General Hospital, Rewari. From there they were shifted to H-way Hospital. On receipt of memo (ruqa) from H-way Hospital, ASI Prithvi Raj along with other police officials reached there. On reaching H-way Hospital, ASI Prithvi Raj after obtaining medical opinion of the doctor recorded the statement of Jaswant-injured. In terms of the medico-legal report of Jaswant, he suffered three injuries with blunt weapon. A case for the offences under Sections 307, 450, 325, 427 and 120-B IPC, besides, Section 25 of the Arms Act was found to be made out. Constable Sunil was sent with the ''ruqa'' to the Police Station Rampura for lodging FIR.

After considering the evidence and material on record, the learned trial Court held Binder (applicant/appellant No. 1) to be guilty for the offences punishable under Sections 450/149 IPC, 325/149 IPC, 323/149 IPC and 148 IPC. He has been sentenced to rigorous imprisonment for three years, besides, pay a fine of Rs. 2000/- and in default thereof, to undergo simple imprisonment for six months for the offence u/s 450/149 IPC. He has been sentenced for varying terms for the other offences. However, the sentences have been ordered to run concurrently. Golu @ Bhupinder (applicant/appellant No. 2) has also been convicted for the offence under Sections 450/149 IPC, 325/149 IPC, 323/149 IPC and 148 IPC. He has also been sentenced to rigorous imprisonment for three years, besides, pay a fine of Rs. 2000/- and in default thereof, to undergo simple imprisonment for six months for the offence u/s 450/149 IPC. He has also been sentenced for varying terms for the other offences. However, the sentences have been ordered to run concurrently.

As per affidavit of Sh. Dinesh Yadav, Deputy Superintendent of Prison, Narnaul, the applicant/appellant No. 1 Binder has undergone imprisonment of one year, eleven days as on 20.8.2013 and as per affidavit of Sh. Sanjay Singh, Superintendent of Prison, Narnaul, the applicant/appellant No. 2-Golu @ Bhupinder has undergone imprisonment of one year, two months and twenty-one days as on 25.8.2013. There are no other cases pending against the applicants/appellants. They have undergone imprisonment of one year out of the sentences of imprisonment of three years. Their sentences of imprisonment were suspended by the learned Additional Sessions Judge, Rewari vide order dated 31.5.2013. Binder (applicant/appellant No. 1) could not pay the fine and therefore, he was taken in custody. Though the sentence of imprisonment of applicant/appellant No. 2-Golu @ Bhupinder was suspended by the learned trial Court vide order dated 31.5.2013 for a period of one month, however, he could not obtain an order of suspension of sentence from this Court within the stipulated period. Accordingly, he surrendered before the trial Court on 22.7.2013. Therefore, both the applicants/appellants are in custody. The appeal is not likely to mature for hearing in the near future. Keeping in view the fact that the sentences of imprisonment of the applicants/appellants No. 1 and 2 had been suspended by the learned trial Court, it would be just and expedient to suspend their sentences of imprisonment and suspend the sentence of recovery of fine in respect of Binder (applicant/appellant No. 1) during the pendency of the appeal. Golu @ Bhupinder (applicant/appellant No. 2) has already deposited the fine. Accordingly, the Crl. Misc. application is allowed and the sentences of imprisonment of the applicants/appellants No. 1 and 2 namely Binder and Golu @ Bhupinder shall, during the pendency of the appeal, remain suspended subject to their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Rewari. Besides, recovery of fine from applicant/appellant No. 1-Binder shall also during the pendency of the appeal remain stayed.