Sukhmander Singh and Another vs State of Punjab

B. Rai, J.—This petition u/s 389 Code of Criminal Procedure has been filed, with a prayer to suspend the sentence and recovery of fine imposed by the learned Sessions Judge, Faridkot.

Sukhmander Singh and his mother Balbir Kaur were tried for the offence u/s 304-B read with Section 34, I.P.C. in case F.I.R. No. 79 D/- 2-10-1994. They were convicted for the said offence and sentenced to undergo rigorous imprisonment for 10 years each and to pay fine of Rs. 500/- each, and in default of payment of fine to undergo further rigorous imprisonment for two months each. The period of detention of the accused during investigation, enquiry and trial was set off towards the substantive sentence of imprisonment.

At the motion stage sentence awarded and fine imposed on Balbir Kaur was suspended vide order dated 9-11-1997 and she was ordered to be released on furnishing bail bonds to the satisfaction of Chief Judicial Magistrate. Faridkot. At the time of admission of appeal, prayer for suspension of sentence, recovery of fine and for releasing on bail was declined.

Sukhmander Singh, petitioner seeks suspension of the sentence and fine and prays for release on bail.

It has been argued by the learned Counsel for the petitioner that Sukhmander Singh was arrested on 9-10-94. He was convicted and sentenced on 13-11 -1996. From the date of his arrest till 13-11-1996, he was in custody. It has been further argued that the petitioner by now has undergone more than 4 years and 7 months of sentence awarded to him. Therefore, his sentence of 10 years and fine of Rs. 500/- deserves to be suspended and the petitioner deserves to be released on bail. He has placed reliance on the decisions of this Court in Criminal Appeal No. 555-SB of 1995 (O & M) & Criminal Misc. No. 16913 of 1996 decided on November 8, 1996, titled as "Harjit Singh v. State of Punjab" and in Criminal Appeal No. 442 SB-96 in Crl. Misc. No. 20383 of 1996 decided on December 5, 1996 titled as "Lakhwinder Singh v. State of Punjab".

In Harjit Singh''s case, convicts including Harjit Singh were sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 100/- or in default of payment of fine to further undergo rigorous imprisonment for 1 month u/s 498-A. They were sentenced to undergo rigorous imprisonment for 10 years u/s 304-B, I.P.C. for the death of his wife. He had undergone 4 years of sentence awarded. Keeping in view the sentence already undergone vis-a-vis the sentence imposed, remaining sentence and recovery of fine were suspended during pendency of appeal and was ordered to be released on bail. Sentence and fine were suspended during the pendency of the appeal on the ground that he had already undergone 2''/2 years sentence out of the sentence awarded by the Trial Court.

In Lakhwinder Singh''s case (supra) he was convicted and sentenced to undergo rigorous imprisonment for 3 years and pay a fine of Rs. 500/- or in default of payment of fine to undergo further rigorous imprisonment for two months u/s 498-A, I.P.C. He was also sentenced to undergo rigorous imprisonment for ten years u/s 304-B, I.P.C. His prayer for suspension of sentence and fine were declined but on the second bail application, the sentence awarded and fine imposed were suspended on the ground that during the pendency of the appeal he had already undergone 3 years imprisonment of the sentence awarded.

In the instant case, the petitioner has already undergone imprisonment for more than 3 years and 7 months. If the petitioner is kept in detention till the decision of the appeal it would not advance the cause of justice especially when the appeal is not likely to be heard in the near future.

Therefore, in view of the precedents quoted and the reasons recorded, the sentence awarded and fine imposed on Sukhmander Singh are suspended during the pendency of the appeal. He is ordered to be released on bail on his furnishing bail bonds in the sum of Rs. 20,000/- with two sureties in the like amount to the satisfaction of Chief Judicial Magistrate, Faridkot.