Sanjay and Another vs State of Haryana

S.S. Saron, J.—Learned counsel for the State has filed an affidavit of Sh.Sanjeev Kumar, Deputy Superintendent, District Prison, Karnal mentioning the period of imprisonment undergone by applicant-appellant No.1 Sanjay. The same is taken on record.

Heard learned counsel for the parties.

The criminal miscellaneous application has been filed seeking suspension of sentence of applicant-appellant No.1 Sanjay during the pendency of the appeal. The complainant Ram Prashad son of Malkhan in his complaint (Ex.PH) alleged that Munshi (deceased) was his brother and he had money transaction with Sanjay (applicant-appellant No.1) and Mukesh sons of Janeshwar of village Namuda. On 25.9.2006, at about 5.00 p.m. a fight had occurred between Sanjay (applicant-appellant No.1), Mukesh, their mother Munder and sister Manju on one side and Munshi (deceased) on the other. Smt.Mamo wife of Jwala, who is the brother''s wife of the complainant and Rajesh son of Mange Ram had separated them. On 26.9.2006, at about 3.00 p.m. complainant Ram Prashad was in his field when he came to know that his brother Munshi was lying dead on the ground in a room of the house, on which he reached at the house of his brother and found him lying dead on the ground in the room. The prosecution examined Rajesh (PW2) who deposed that on 25.9.2006, at about 5.00 p.m. he was going to the house of Ram Prashad (complainant) to borrow his tractor. When he reached in front of the house of Munshi (deceased), he found that a fight was going on inside the house. He went in the house and found that three accused, namely, Sanjay (applicant-appellant No.1), Mukesh, Munder and one more accused Manju were beating Munshi (deceased). Sanjay (applicant-appellant No.1) and Mukesh were holding handles of spades and Munder was holding a lathi. Sanjay (applicant-appellant No.1) is stated to have given a blow from the handle possessed by him on the right side of the head of Munshi (deceased). On receiving the same, he fell down. Besides, Sanjay (applicant-appellant No.1) gave another blow from the weapon possessed by him on his legs. Thereafter, Mukesh gave a blow from the handle on the testicles and chest of Munshi (deceased). Munder gave lathi blow on the his legs and Manju gave him fist blows and kicked him.

In terms of the affidavit of Sh.Sanjeev Kumar, Deputy Superintendent, District Prison, Karnal, applicant-appellant No.1 Sanjay has undergone imprisonment of 5 years 2 months and 29 days as on 1.2.2012. The said period of imprisonment includes 3 years 4 months and 12 days post-conviction.

There are argueable points in the appeal which would require consideration. The evidentiary value of the deposition of Rajesh (PW2) who is a chance witness would require consideration. The case of the applicant-appellant No.1 Sanjay falls within the parameters laid down by a Division Bench of this Court in Dharam Pal vs. State of Haryana, 1999 (4) RCR (Cri) 600, wherein it has been held that the convicts who have been sentenced to imprisonment for life should be released on bail if they have undergone 5 years of imprisonment of which 3 years should be after conviction. The appeal is not likely to mature for hearing in the near future. Therefore, in the facts and circumstances of the case, it would be just and expedient that the sentence of imprisonment of applicant-appellant No.1 Sanjay, during the pendency of the appeal, is suspended.

The criminal miscellaneous application is accordingly allowed and the sentence of imprisonment of applicant-appellant No.1 Sanjay during the pendency of the appeal shall remain suspended, subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Panipat.