Gurjant Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of applicant/appellant, Gurjant Singh @ Janti, who was held guilty for having committed the offence punishable u/s 304(II), IPC, and ordered to undergo rigorous imprisonment for 31/4 years and further ordered to pay fine of Rs. 10,000/- and in default thereof, to undergo further rigorous imprisonment for three months. The applicant-appellant was further ordered to pay a sum of Rs. 2,00,000/- to the legal heirs of the deceased u/s 357, Cr.P.C.

The learned counsel contends that the applicant-appellant is neither required nor involved in any other case; he has already suffered incarceration for 1 year 1 month and 8 days and there are fairly arguable points in the appeal. He further submits that applicant-appellant is ready to deposit the amount of compensation awarded u/s 357, Cr.P.C.

Learned counsel for the State has produced the affidavit of the Superintendent, Central Jail, Ferozepur, showing the period of incarceration suffered by the applicant-appellant, which is taken on record. He fairly concedes that according to the affidavit, the applicant-appellant is neither required nor involved in any other case.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

Out of the substantive sentence of 31/4 years, the applicant-appellant has suffered incarceration for more than one year. There are fairly arguable points in the appeal. He is neither required nor involved in any other case.

In view of the totality of the facts and circumstances of the case, the execution of the remaining substantive sentence of applicant-appellant Gurjant Singh @ Janti son of Sucha Singh, aged 50 years, Agriculturist, resident of Village Sukhera Bodla, Tehsil Jalalabad, District Fazilka, is ordered to be suspended during pendency of the present appeal subject to his furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Fazilka.

It is also directed that within three months of his release from the jail, he would deposit Rs. 2,00,000/- with the learned trial Court to be paid to the legal heirs of the deceased u/s 357, Cr.P.C., as directed by the learned trial Court vide order dated 26.02.2014. In case the applicant-appellant fails to abide by the said condition, in that eventuality the benefit of suspension of sentence granted by this Court would automatically deem to be cancelled and he would be taken into custody to serve the remaining substantive sentence. On receipt of the amount of compensation by the learned trial Court, a notice would be issued to the legal heirs of the deceased to withdraw the said amount in accordance with the norms.

CRM disposed of.