Vinod vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this application, filed u/s 389, Cr.P.C., is for suspension of sentence of applicant-appellant No. 1-Vinod, who was held guilty for having committed the offences punishable under Sections 342, 366, 376G and 506, IPC, and ordered to undergo the following sentences:

All the substantive sentences were ordered to run concurrently.

Learned counsel contends that applicant-appellant No. 1, Vinod, is neither required nor involved in any other case. He has already suffered incarceration for five years and approximately seven months out of the maximum awarded sentence of ten years. There are fairly arguable points in the appeal and the similar situated co-convict of the applicant-appellant, namely, Bablu, has already been extended the benefit of suspended sentence vide order dated 17.02.2014.

Learned counsel for the State has produced an affidavit of the Superintendent of Prison, District Prison, Jind, dated 11.03.2014, showing the period of incarceration suffered by the applicant-appellant No. 1, which is taken on record.

Heard.

Perusal of the above affidavit reveals that applicant-appellant No. 1, Vinod is neither required nor involved in any other case; he has already suffered incarceration for five years and more than seven months as on date and that co-convict, namely, Bablu, was granted concession of suspended sentence vide order dated 17.02.2014.

Keeping in view the totality of the facts and circumstances of the case, the present application is allowed. Execution of remaining substantive sentence of applicant-appellant No. 1, Vinod son of Rameshwar, resident of Village Muana, Tehsil Safidon, District Jind, is ordered to be suspended during pendency of the appeal subject to his furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jind.