KANWALJEET SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant-appellants, Meharban Singh and Ranbir Singh, who were held guilty for commission of the offence punishable under Sections 307, 323 and 325 read with Section 149, IPC. The maximum substantive sentence awarded to the applicant-appellants was rigorous imprisonment for five years for the offence punishable under Section 307 read with Section 149, Indian Penal Code whereas for rest of the offences, it was of lesser terms. All the sentences were ordered to run concurrently.

(2.) The learned counsel contends that the applicant appellants Meharban Singh and Ranbir Singh have not been attributed the injury attracting the mischief of Section 307, IPC. He further submits that out of the maximum awarded sentence of five years, the applicantappellants have suffered incarceration for more than two years. He further submits that none of the applicant appellants is involved or required in any other offence. He also submits that the appeal would take sufficient long time in its final decision, therefore, there would be no purpose to keep the applicant appellants behind the bars for an indefinite period.

(3.) Learned counsel for the State has placed on record the affidavits of Shri Surinder Singh Godara, Superintendent, Central Jail, Hisar, showing the custody period undergone by the applicant appellants, which are taken on record. Learned counsel for the State Criminal Misc. No.71101 of 2011 in has not controverted the submission of the learned counsel for the applicant-appellants to the extent that they have not been attributed the injury falling within the mischief of Section 307, IPC.