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Judgment
7 paragraphs · 335 wordsS.S. Saron, J.—Learned Counsel for the State has filed affidavit of Shri Jagjit Singh, Superintendent, District Jail, Karnal, mentioning the period of imprisonment undergone by the Appellant-applicant.
Heard learned Counsel for the parties.
The Appellant-applicant seeks suspension of sentence during the pendency of the appeal. He has been convicted and sentenced to undergo rigorous imprisonment for seven years; besides pay a fine of Rs. 3,000/- and in default of payment of fine to undergo simple imprisonment for one month and 15 days for the offence u/s 398 and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for 15 days for the offence u/s 401 IPC.
The Appellant-applicant has undergone imprisonment of one year, 10 months and 27 days upto 23.12.2010. As on date, he has undergone more than two years and two months of imprisonment out of the sentence of seven years. There is no other case pending against him. The appeal is not likely to mature for hearing in the near future. There are arguable points in the appeal which would require consideration at the time of final hearing. The sentence of the co-accused of the Appellant-applicant, namely, Mukim alias Sanjay has been suspended by this Court vide order dated 4.2.2011.
According to the learned Counsel for the State, the Appellant-applicant is a resident of District Muzaffar Nagar in U.P. and, therefore, in case his sentence of imprisonment is suspended he is likely to abscond.
Learned Counsel for the applicant-Appellant submits that the applicant-Appellant shall furnish two sureties, one of them shall be a local surety.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the Appellant-applicant Suk Ram during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and two sureties and one of them shall be a local surety to the satisfaction of the learned Chief Judicial Magistrate, Panipat.