OMBIR SINGH Vs. STATE

JUDGEMENT

(1.) THIS order disposes of an application under section 389 Cr. P.C. filed for suspension of sentence of the appellant and for his release on bail.

(2.) THE appellant was convicted and sentenced vide judgment and order dated 11.03.2008 and 19.03.2008 respectively by Special Judge, Karkardooma District Courts, Delhi. He preferred appeal against the judgment and order which has since been admitted and is to be heard in due course.

(3.) ON the other hand, learned Additional PP submitted that the sentence was earlier suspended vide order dated 15.12.2008. The appellant also filed an application under section 389 Cr. P.C. whereupon he was directed to surrender before the Court vide order dated 28.07.2010. With regard to the merits of the case, she submitted that the contention regarding non association of public witness was specifically dealt by the trial judge while appreciating the testimony of PW -10 Bhoop Singh, who categorically stated that efforts were made to associate public witnesses but none agreed to join. With regard to the plea of discrepancy in the weight of sample, she submitted and rightly so that the 28 grams weight of the sample was its gross weight which included packing material. She also submitted that there was no reason for prosecution to have falsely involved the appellant in the present case inasmuch as he was resident of Etah and there could not be said to have enmity of Delhi Police with him.