Mukesh Kumar vs State of Haryana

Rajan Gupta, J.—This is an application u/s 389 Code of Criminal Procedure seeking suspension of sentence in a case in which the applicant-Appellant has been convicted for commission of offence u/s 304-B Indian Penal Code.

Learned Counsel for the applicant-Appellant contends that out of substantive Sentence of 07 years awarded to the applicant-Appellant, he has already undergone about 2-1/2 years. According to learned Counsel, applicant- Appellant was a juvenile at the time of occurrence. He submits that appeal is likely to take quite some time to come up for regular hearing, thus, sentence awarded to the applicant-Appellant deserves to be suspended.

Learned State Counsel has opposed the prayer for suspension of sentence on the ground that applicant-Appellant has been convicted on the basis of cogent evidence. He submits tiiat in the inquiry conducted by Chief Judicial Magistrate, Kurukshetra it has been found that applicant-Appellant was actually a juvenile.

Keeping in view the aforesaid contentions, plea of juvenility and period of incarceration of the applicant-Appellant and the fact that appeal is not likely to be heard finally at an early date, the substantive sentence of the applicant-Appellant is suspended and he is directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty magistrate, Kurukshetra.