Kulbir Singh and others vs State of Punjab

S.S. Saron, J.—Learned counsel for the State has filed affidavit of Mr.Rachhpal Singh, P.P.S., Superintendent Central Jail, Amritsar, mentioning the period of imprisonment undergone by the applicant/appellant No. 5-Karamjit Singh @ Billu. 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 applicant/appellant No. 5-Karamjit Singh @ Billu, during the pendency of the appeal.

In the incident that occurred on 29.3.2007 at 8.00 p.m.,no role has been attributed by complainant Surjit Singh in the F.I.R., to applicant/appellant No. 5-Karamjit Singh @ Billu He is said to be standing armed with a ''datar''.

Learned trial Court has,however, held that Mohinder Singh (appellant No. 2), Gian Singh(appellant No. 3), Amrik Singh (appellant No. 4) and Karamjit Singh (applicant/appellant No. 5), being members of an unlawful assembly shared the common object with Kulbir Singh (appellant No. 2) in committing the murder of Ranjit Singh and as such they were held liable for the offence u/s 302 read with Section 149 of the Indian Penal Code. The question whether the applicant/appellant No. 5-Karamjit Singh @ Billu shared the common intention with Kulbir Singh (appellant No. 1) for the commission of the offence u/s 302 read with Section 149 of the Indian Penal Code,is to be considered and gone into at the time of final hearing of the appeal.

As per the prosecution case, applicant/appellant No. 5-Karamjit Singh was standing at the place of occurrence armed with a ''datar''. No role of inflicting any injury is attributed to him.

In terms of the affidavit of Mr.Rachhpal Singh, P.P.S., Superintendent Central Jail, Amritsar, the applicant/appellant No. 5-Karamjit Singh @ Billu has undergone imprisonment of 10 months and 25 days as on 28.2.2012. The appeal is not likely to mature for hearing in the near future. Besides, the sentence of 3 imprisonment of the co-accused namely Mohinder Singh (appellant No. 2) and Gian Singh(appellant No. 3) has been suspended by this Court vide order dated 20.12.2011 passed in Criminal Misc.No. 60951 of 2011. Therefore, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant No. 5-Karamjit Singh also during the pendency of the appeal.

Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of applicant/appellant No. 5-Karamjit Singh @ Billu, during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Amritsar.