Harpinder Singh vs State of Punjab

S.S. Saron, J.—Learned State counsel has filed reply by way of an affidavit of Baljinder Singh Gill, PPS, Superintendent, Central Jail, Gurdaspur regarding custody period of accused Harpinder Singh, which is taken on record.

Heard counsel for the parties.

Learned Counsel for the Petitioner has filed this application seeking suspension of sentence of imprisonment of the applicant-Appellant during the pendency of an appeal.

The applicant-Appellant has been found guilty for the offence punishable u/s 306 IPC and has been sentenced to rigorous imprisonment for five years and to pay fine of Rs. 2,000/-. The applicant-Appellant is said to have abetted to the commission of suicide by Seema Rani.

The case of the Appellant-applicant is that Seema Rani (deceased) used to get fits of epilepsy. A reference has been made to the deposition of DW-1, Gurleen Kaur, who is the daughter of the deceased Seema and the applicant-Appellant. She has stated that on the date of occurrence her father was not in the house and he came only at 5.30 P.M.. It is further deposed by her that her mother told her that she was feeling restless and asked her to bring a glass of water to take some pills. It is also stated that her mother used to get fits of epilepsy.

Learned State counsel, however, submits that the applicant-Appellant has committed a heinous crime and he has not entitled to the concession of suspension of sentence of imprisonment.

It may be noticed that in terms of the custody certificate that has been filed in Court today, the applicant-Appellant till 10.9.2010 has undergone one year, eight months and twenty-five days of imprisonment. As on date, he has undergone about 2 years of imprisonment. The appeal is not likely to mature for hearing in the near future. The question whether the applicant-Appellant had abetted the commission of suicide by Seema Rani is to be considered at the time of final hearing.

In the circumstances, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant-Appellant during the pendency of the appeal on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur shall remain suspended.