Kulwinder Singh vs State of Haryana

S.S. Saron, J.—Affidavit of Sh. J.S. Sethi, Superintendent, District Jail, Sirsa mentioning the period of imprisonment undergone by the

applicant/Appellant has been filed in Court today which is taken on record.

The applicant/Appellant Kulwinder Singh has been convicted by the learned Additional Sessions Judge, Sirsa for the offence u/s 15 of the

NDPS Act. He has been sentenced to undergo rigorous imprisonment for a period of one year; besides, to pay a fine of Rs. 5000/- and in default

of payment of fine, to undergo rigorous imprisonment for a period of 15 days. In terms of the affidavit that has been filed in Court today and has

been taken on record, the applicant/Appellant till 7.4.2011 has undergone imprisonment of 3 months and 1 day out of the sentence of one year.

The applicant/Appellant was apprehended with 40 kgs of poppy straw.

There are arguable points in the appeal which would require consideration at the time of final hearing. The appeal is not likely to mature for

hearing in the near future. In case the sentence of imprisonment of the applicant/Appellant is not suspended, the applicant/Appellant would have

undergone the entire period of sentence and the purpose of filing the appeal is likely to be defeated. Besides, as per the affidavit that has been filed,

there is no other criminal case pending against the applicant/Appellant.

In the afore-noticed facts and circumstances, it would be just and expedient to suspend the sentence of the applicant/Appellant and stay

recovery of fine during the pendency of the appeal.

Accordingly, the Crl. Misc. applications are allowed and the sentence of imprisonment of the applicant/Appellant Kulwinder Singh and recovery

of fine that has been imposed by the learned trial Court, 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, Sirsa.