Rajinder Singh and Another vs State of Punjab

Augustine George Masih, J.—Prayer in the present application is for suspension of sentence of the applicant-Appellant No. 1 Rajinder during the pendency of the appeal.

Counsel for the applicant-Appellant No. 1 contends that although the applicant-Appellant No. 1 has been stated to be armed with a Kulhari and he had given five injuries on the head of the complainant, but they all have been found to be simple in nature. The grievous injury has been attributed to one Amrik Singh @ Chhinda. The applicant-Appellant No. 1 has already undergone more than two years and four months out of the total sentence of five years. The appeal is not likely to be heard soon and, therefore, he prays that the sentence of the applicant-Appellant No. 1 Rajinder be suspended during the pendency of the appeal.

Counsel for the State has opposed the prayer made by the counsel for the applicant-Appellant No. 1 and submitted that five injuries on the head of the complainant were given by the applicant-Appellant No. 1 which have been found to be with an intention to kill him and, therefore, the concession of suspension of sentence should not be extended to the applicant-Appellant No. 1.

I have heard counsel for the parties and have gone through the records of the case. The allegation although against the applicant-Appellant Rajinder Singh @ Sabi is that he had given five injuries on the head of the complainant with a Kulharibut they all have been found to be simple in nature. However, the appeal stands already admitted. Out of the total sentence of 5 years, he has already undergone 2 years and 2 months of the sentence and the appeal is not likely to be heard soon and, therefore, the prayer made by applicant-Appellant No. 1 Rajiinder Singh is accepted. The sentence imposed upon him is suspended during the pendency of the appeal and he is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar.