HARI SINGH Vs. STATE

JUDGEMENT

(1.) This is an application by the appellant/applicant seeking suspension of his sentence and for enlarging him on bail during the pendency of the present appeal.

(2.) The appellant has filed the above noted appeal against his conviction and sentence by orders dated 3rd February, 2010 and 18th February, 2010 under Section 302 of Indian Penal Code and a fine of Rs. 2,000/- and in default to further undergo rigorous imprisonment for a period of three months. He has also been convicted and sentenced under Section 404 IPC for the period of one year and a fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for a period of one month with all the sentences running concurrently.

(3.) The appellant/applicant has contended that he has already undergone imprisonment of six years three months and six days as on 1st September, 2010 and his family consists of his three elder brothers, one younger brother and an old aged mother as his father has expired and he is not married. According to him, he hails from a poor segment of the society. He also stated that he has never jumped bail and has never been declared a proclaimed offender. According to the appellant, he was not present at the spot and he has been falsely implicated.