Jaswant Singh @ Ladi vs State of Punjab

Learned counsel for the State has filed in Court an affidavit of Shri Paramjit Singh Sandhu, Superintendent, District Jail Roopnagar mentioning the period of imprisonment undergone by the applicant-appellant-Jaswant Singh @ Ladi. The same is taken on record. Heard learned counsel for the parties.

The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant-appellant-Jaswant Singh @ Ladi during the pendency of the appeal.

FIR in the case has been registered on the statement of Nazar Singh @ Manga which was made before SI Sital Singh on 22.07.2007 stating that he is doing labour work. He has three daughters and one son aged about 18 to 19 years. Earlier Makhan Singh (deceased) son of Nazar Singh @ Manga (the complainant) was learning tailoring work at village Mehtotan and then at Behrampur. For the last 8 to 10 days, he was not going for tailoring work and used to remain in the house. On 21.07.2007 at about 7:00 p.m. Makhan Singh (deceased) went out of the house after taking Rs. 10 from him and he did not return back. The complainant-Nazar Singh @ Manga searched for him during the entire night but he was unable to trace him. On 22.07.2007 at about 8:00 a.m. Sarpanch Pal Singh came to his house and informed that a dead body of young boy was lying near the transformer in the Paddy fields of Kuldip Singh. The complainant-Nazar Singh @ Manga along with his neighbour Joginder Singh, Kesar Singh, Ex-sarpanch and Pal Singh, Sarpanch then went to the fields of Kuldip Singh and found the dead body of Makhan Singh lying there. The throat of Makhan Singh had been strangulated with a t-shirt. Some unidentified persons had murdered his son. The case it was stated was a well planned murder.

The prosecution examined Amar Nath PW-3 before whom the applicant-appellant it is stated made an extra judicial confession. However, the said witness did not support the prosecution case and turned hostile. Joginder Singh PW-4 was also examined who is a witness of last seen. The case is one of a blind murder and the evidence on record would require consideration at the time of final hearing of the appeal.

In terms of the affidavit that has been filed, the applicant-appellant has undergone imprisonment of five years, two months and three days as on 23.01.2013. This excludes a period of imprisonment of three years, one month and 19 days after conviction. Therefore, the case of the applicant-appellant is covered by the guidelines laid down by a Division Bench of this Court in the case of Dharam Pal Vs. State of Haryana, wherein it has been held that life convicts, who have undergone five years of imprisonment of which three years should be after conviction, should be released on bail pending hearing of the appeal.

In the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of the applicant-appellant Jaswant Singh @ Ladi during the pendency of the appeal. Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant-appellant-Jaswant Singh @ Ladi shall during the pendency of the appeal remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Roopnagar.