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Sudhir Kumar alias Titu and another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 27 May 2005 · Citation: (2005) 3 RCR(Criminal) 250

HON’BLE JUDGES
Satish Kumar Mittal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 389 · Penal Code, 1860 (IPC) — Section 376
RESULT
Dismissed
CASE NUMBER
Criminal A. No. 858-SB of 2004 and Criminal M. No. 23344 of 2005
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Judgment

5 paragraphs · 189 words

Satish Kumar Mittal, J.—I have heard counsel for the parties on the application u/s 389 Code of Criminal Procedure for suspension of sentence during the pendency of appeal, filed by the applicant-Appellant. This is a second application for suspension of sentence. Earlier was dismissed on 5.10.2004.

2.

The applicant-Appellant has been convicted and sentence to undergo rigorous imprisonment for seven years u/s 376 of the Indian Penal Code, out of which he has undergone more than three years and four months. Counsel for the applicant in support of his contention annexed the custody certificate.

3.

The period of sentence undergone by the applicant has not been disputed by the counsel for the State.

4.

This is 2004 appeal and its hearing is likely to take some time. In these circumstances, in view of the law laid down by the Hon''ble Supreme Court in Bhagwan Rama Shinde Gosai and Others Vs. State of Gujarat, and Kiran Kumar v. State of M.P., 2002 SCC (Cri.) 1017, the sentence imposed upon the applicant-Appellant is suspended subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jagadhari.

Order accordingly.