Ram Niwas and Others vs State of Haryana

Amol Rattan Singh, J.

CRA No. S-3060-SB of 2013

Heard

Admitted.

CRM Nos. 41866 40168 of 2013

Custody certificate of the applicant/appellant No. 1, i.e. Ram Niwas, has been placed on record by the learned State counsel showing that out of four years of the sentence imposed, he has undergone 2 months, in custody, as on today. Learned counsel for the applicant/appellant No. 1 submits that the only injury attributed to him is a fracture on the little ringer of one Bimla, whereas actually, in cross-examination, the doctor who had examined her stated that it could have resulted by a fall. He further contends that the said applicant-appellant No. 1, i.e. Ram Niwas, also received serious injuries on his head and with respect to that, an FIR has been registered and the accused have been convicted.

Keeping in view the above circumstances and the fact that the applicant/appellant Ram Niwas has undergone 2 months imprisonment, for the injury attributed to him, as described above and he has an arguable case in his defence, his remaining sentence shall remain suspended, during the pendency of the appeal. He is directed to be released on bail, on his furnishing bail/surety bonds to the satisfaction of the CJM/Duty Magistrate, Kaithal. As regards to applicants/appellants No. 2 and 3, arguments would be addressed on merits, on their role and whether they have undergone any period of sentence or not.

Adjourned to 16.12.2013.

In the meantime, interim order dated 13.9.2013, passed by this Court with regard to both these appellants, shall continue.