Parminder Singh vs State of Punjab

Learned counsel has filed affidavit of Sh. Paramjit Singh, Superintendent, District Jail, Rupnagar mentioning the period of imprisonment undergone by the applicant-appellant (Parminder Singh). The affidavit is taken on record.

Heard learned counsel for the parties.

Criminal misc. application has been filed seeking suspension of sentence of the applicant-appellant (Parminder Singh) during the pendency of appeal. The applicant-appellant was tried by the learned Sessions Judge, Rupnagar for the offences punishable under Sections 376(1)(2), 500 and 506 Indian Penal Code (''IPC'' for short) besides, Sections 66-E and 67-A of the Information Technology Act, 2000 (''IT Act'' for short). He has been sentenced to undergo rigorous imprisonment for four years, besides pay a fine of Rs. 5,000/- for the offence u/s 67-A of IT Act. He has also been sentenced for varying terms i.e. three years rigorous imprisonment for the offence u/s 66-E of IT Act and two years rigorous imprisonment for each of the offences separately under Sections 500 and 506 IPC; besides, pay fine. All the sentences have been ordered to run concurrently. Out of the sentence of four years that has been imposed, the applicant-appellant has undergone imprisonment of 1 year, 5 months and 5 days as on 03.06.2014. There is no other case pending against the applicant-appellant.

The appeal is not likely to mature for hearing in the near future and if the applicant-appellant undergoes the entire period of imprisonment, the purpose of filing of the appeal would be defeated.

Learned counsel for the complainant has, however, submitted that the applicant-appellant was also charged for the offences u/s 376(1) & (2) IPC, however, he has been acquitted. The complainant has filed Criminal Appeal No. 605-DB of 2014 against the acquittal of the applicant-appellant for the offences under Sections 376(1) and (2) IPC, which has been admitted.

The question regarding involvement of the applicant-appellant for the offences u/s 376(1) and (2) is to be considered and gone into at the time of hearing of the appeal.

Therefore, in the facts and circumstances and keeping in view the period of imprisonment undergone by the applicant-appellant, it would be just and expedient to suspend his sentence of imprisonment.

Accordingly, Criminal miscellaneous application is allowed and during the pendency of the appeal, the sentence of imprisonment of the applicant-appellant (Parminder Singh) subject to his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Rupnagar shall be suspended.