Jai Bhagwan 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. 2, Rajbir, who was held guilty for having committed the offences punishable under Sections 342, 366, 376-G and 506, IPC, and ordered to undergo the following sentences:

All the substantive sentences were ordered to run concurrently.

Learned counsel contends that applicant-appellant No. 2, Rajbir, is neither required nor involved in any other case; he has already suffered incarceration for five years and approximately seven months as on today out of the maximum awarded sentence of ten years. There are fairly arguable points in the appeal and the similar situated co-convict of the applicant-appellant, namely, Bablu and Vinod, have already been extended benefit of suspended sentence by this Court. He further contends that vide order dated 30.07.2013, while declining benefit of suspended sentence to applicant-appellant No. 2, Jai Bhagwan, it was ordered that the appeal be listed for final hearing, but the same has not come up for final hearing inspite of its listing in the list of regular matters.

Learned counsel for the State has produced an affidavit of the Superintendent of Prison, District Prison, Jind, dated 11.03.2014, showing the period of incarceration suffered by applicant-appellant No. 2, Rajbir, which is taken on record.

Heard.

Perusal of the above affidavit reveals that applicant-appellant No. 2, Rajbir, is neither required nor involved in any other case; he has already suffered incarceration for five years and more than seven months as on date and that co-convict, namely, Bablu and Vinod, have already been granted concession of suspended sentence by this Court.

Keeping in view the totality of the facts and circumstances of the case, the present application is allowed. Execution of remaining substantive sentence of applicant-appellant No. 2, Rajbir, son of Ramdhari, resident of Village Beri Khera, Tehsil Safidon, District Jind, 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, Jind.