Surinder Pal Alias Chhinda vs State of Punjab

S.S. Saron, J.—Heard learned Counsel for the parties.

The Appellant-applicant Surinder Pal alias Chhinda by way of this application u/s 389 Code of Criminal Procedure seeks the suspension of sentence of imprisonment during the pendency of appeal.

An affidavit of Surinder Pal Khanna, PPS, Superintendent, Central Jail, Ludhiana mentioning the period of custody of the Appellant-applicant filed in Court today is taken on record. In terms of the custody certificate that has been filed the Appellant-applicant till 5.2.2011 has undergone imprisonment for 2 years, 6 months and 27 days. He is not involved in any other case. He availed parole of 3 months and 22 days and did not misuse the same.

The prosecution case is that on 6.9.2001, SI Paramjit Singh along with ASI Amrik Singh and other police officials were present near bridge of canal minor in the area of Village Manguwal in connection with patrol duty and put up a Nakabandi (check-post). There a secret information was received by SI Paramjit Singh that Joga Singh and Sucha Singh sons of Ram Chand residents of Village Rasulpur had brought poppy husk in large quantity. They had kept the same in an abandoned house owned by Kewal Singh and Tarsem Singh who had gone to England and they were selling the same and in case an immediate raid was conducted, they could be apprehended and heavy quantity of poppy husk can be recovered. The information was found credible and a memo was sent to the Police Station on the basis of which FIR had been recorded.

The Police party headed by SI Paramjit Singh went to Village Rasulpur to the house owned by Kewal Singh and Tarsem Singh. Harcharan Singh and Balbir Singh both Members Panchayat and Chowkidar Bachna Ram were joined in the Police party. On seeing the Police party, Joga Singh and Sucha Singh sons of Ram Chand and Chhinda alias Surinder Pal succeeded in running away from the spot after jumping over the wall. They were identified by SI Paramjit Singh. On search of the house, 30 bags of poppy husk were recovered weighting 35 Kgs. each. The recovered contraband was taken in possession. The Appellant-applicant was not apprehended at the spot and besides, he was not named initially in the FIR which is recorded on the basis of a secret information received by SI Paramjit Singh. The information was received only regarding Joga Singh and Sucha Singh sons of Ram Chand. The Appellant-applicant was identified at the time of raid by ASI Amrik Singh.

In Daler Singh v. State of Punjab 2007 (1) RCR 316, a Division Bench of this Court inter alia held that a convict who according to the allegations is not arrested at the spot and booked subsequently during the investigation of the case but his case is not covered by the offences punishable under Sections 25, 27A and 29 of the Act for which in any case the aforesaid Clauses (i) to (iii) of Daler Singh''s case (supra) shall apply as the case may be, shall be entitled to bail if he has already undergone a total sentence of two years which must include at least 12 months after conviction. The Appellant-applicant, as already noticed above, has undergone more than two years and six months imprisonment; besides, he has undergone 12 months of imprisonment after conviction. Therefore, the aforesaid guide-lines as laid down by the Division Bench in Daler Singh''s case (supra) have been fulfilled. It is also submitted that the marriage of the daughter of the Appellant-applicant is to be solemnized on 10.3.2011. The wedding card of the marriage of Disha, who it is stated is daughter of the Appellant-applicant is fixed for 9.3.2011 and 10.3.2011.

In the facts and circumstances, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant-Appellant shall remain suspended during the pendency of the appeal subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar (Nawanshahr).