Prince @ Sinder Pal vs State of Haryana

This an application under Section 389 Cr.P.C praying for suspension of sentence of applicants-Prince @ Sinder Pal, Nitin Sharma @ Monu and Lucky Kumar, who have been convicted and sentenced to undergo Rl for life in case FIR No.292, dated 10.08.2014 registered under Sections 302, 365 and 201 read with 34 IPC at Police Station Farakpur, District Yamuna Nagar at Jagadhri.

Learned counsel for the applicant contends that dead body of the deceased was never recovered. Initially the complaint made by the mother of the deceased only stated that her son had left the house without informing her. It is after five months when the improvements were made by mentioning the names of the applicants and a reference to some articles which belong to the deceased and allegedly recovered subsequently from the accused. The entire prosecution story is based on recovery of these articles and the fact that the accused identified a spot where the deceased was thrown into the canal after having been done to death. It is, thus, contended by learned counsel for the applicants that looking at the evidence, which is highly uninspiring, conviction of the applicants cannot be sustained and the applicants deserve the concession of bail. Murder of the deceased is also a debatable issue as the dead body has not been recovered.

The prayer is opposed by learned State counsel, who states that the recovery of the articles belonging to the deceased and other related material collected during investigation is sufficient to indicate the complicity of the applicants in the commission of offence.

We have heard learned counsel for the parties and noticing the fact that dead body has not been recovered and the complainant has made some what conflicting statements and also the fact that the appeal being of the year 2016 is not likely to be heard in the near future, we would accept the application particularly when the applicant- Prince @ Sinder Pal has undergone 01 year, 05 months and 05 days, applicant Nitin Sharma @ Monu has undergone 01 year, 05 months and 04 days and applicant-Lucky Kumar has undergone 01 year, 05 months and 04 day of the total substantive sentence awarded to them. It is directed that the sentence of the applicants -Prince @ Sinder Pal, Nitin Sharma @ Monu and Lucky Kumar shall remain suspended during the pendency of appeal, subject to their furnishing bail/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Yamuna Nagar at Jagadhri.

Nothing said hereinabove shall be construed to be an expression of opinion on the merits of the case.