Gurpreet Singh vs State of Haryana

Heard learned counsel for the parties. The criminal miscellaneous application has been filed seeking interim suspension of sentence for four weeks to enable the applicant/appellant-Gurpreet Singh to participate in the marriage of his real sister Ramandeep Kaur which is to be solemnized on 21.01.2013.

The applicant/appellant has been convicted by the learned Additional Sessions Judge, Karnal for the offences punishable under Sections 302, 404 and 201 read with Section 34 IPC. He has been sentenced to undergo rigorous imprisonment for life; besides, pay a fine of Rs. 20,000/- and in default thereof to undergo simple imprisonment for three months for the offence u/s 302 read with Section 34 IPC. He has also been sentenced to rigorous imprisonment for three years for the offence u/s 404 read with Section 34 IPC and to undergo rigorous imprisonment for five years for the offence u/s 201 read with Section 34 IPC; besides, pay a fine of Rs. 5000/- and Rs. 10,000/- for the offences u/s 404 and 201 read with Section 34 IPC. The substantive sentences of imprisonment have been ordered to run concurrently. At present the applicant/appellant is undergoing life imprisonment.

The case relates to the murder of one Damanjit Singh. The applicant/appellant was named as an accused by his co-accused Jitender Singh @ Karan. Order of conviction and sentence has been passed by the learned Additional Sessions, Karnal on 10.02.2012 and 15.02.2012 respectively. The marriage of the real sister of the applicant/appellant namely Ramandeep Kaur is to be solemnized on 21.01.2013. The wedding card of the marriage has been placed on record as Annexure P-1; besides, an application submitted to Jail Superintendent, District Jail, Karnal has been placed on record as Annexure P-2. It is submitted that no action has been taken by the Jail Superintendent, District Jail, Karnal for release of the applicant/appellant on parole as he has not completed one year of imprisonment after conviction so as to be eligible for grant of parole.

Notice of criminal miscellaneous application was issued to Advocate General, Haryana.

Learned counsel for the State on instructions from ASI Hari Krishan Police Station Taraori, Distt. Karnal submits that the latter has verified from SHO Kanwarpal Singh, Police Station Taraori, Distt. Karnal that the marriage of Ramandeep Kaur is indeed to be solemnized on 21.01.2012.

It may be noticed that Rule 4 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 enjoins that a prisoner shall be entitled to parole only after he has completed one year after conviction and has earned his first annual good conduct remission under the Act. The applicant/appellant has not completed one year of imprisonment after conviction. Therefore, his application (Annexure P-2) has not been considered by the jail authorities. However, the same does not debar this Court to suspend the sentence of imprisonment for interim period in terms of Section 389 Cr.P.C. The marriage of the sister of the applicant/appellant indeed is to be solemnized on 21.01.2013; besides, the applicant/appellant has undergone imprisonment of two years and eight months including the period of imprisonment undergone before his conviction. Therefore, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant for four weeks so as to enable him to participate in the marriage of his real sister.

Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant-Gurpreet Singh during the pendency of the appeal shall remain suspended for a period of four weeks from the date of his release so as to enable him to participate in the marriage of his sister Ramandeep Kaur subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Karnal. The learned Chief Judicial Magistrate/Duty Magistrate, Karnal shall specify the date after expiry of four weeks from the date of release when the applicant/appellant shall surrender in jail.