Naresh vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this application is for suspension of sentence of applicant/appellant, Naresh @ Nittu, who was held guilty for having committed the offences punishable under Sections 304B and 498A, IPC, and ordered to undergo the following sentences:-

Both the substantive sentences were ordered to run concurrently.

Learned counsel contends that there are fairly arguable points in the appeal; that the applicant/appellant has suffered incarceration for more than three years; and that the appeal is not likely to be heard and disposed of in near future.

Learned counsel for the State has produced the affidavit of the Superintendent, District Jail, Sonepat, showing the period of incarceration suffered by the applicant/appellant, Naresh @ Nittu, which is taken on record.

Heard.

Perusal of the above-said affidavit reveals that the applicant/appellant has suffered incarceration for 03 years, 01 month and 14 days as on date. He is neither required nor involved in any other case. There are fairly arguable points in the appeal and the same has already been admitted.

In view of the totality of the facts and circumstances of the case and the ratio of judgment in Bhagwan Rama Shinde Gosai and Others Vs. State of Gujarat, the present application is allowed and execution of the remaining substantive sentence of the applicant/appellant, Naresh @ Nittu, son of Krishan, r/o Katlupur, Police Station, Kundli, District Sonepat, is ordered to be suspended during the pendency of the appeal subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sonepat.