KALU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for suspension of sentence of the applicant-appellant, Kalu, who had been held guilty for the offences punishable under Sections 363, 366 and 376, IPC, and sentenced to undergo rigorous imprisonment for seven years under Section 376, IPC, besides various terms of lesser sentence under Sections 363 and 366, IPC. All the substantive sentences were ordered to run concurrently.

(2.) Learned counsel contends that the applicant-appellant has suffered incarceration for two years and more than seven months. He further submits that the maximum sentence awarded is seven years. He also submits that the applicant-appellant is neither required nor involved in any other case. The appeal would take sufficient time to mature, therefore, there would be no purpose to keep the applicant behind the bars for an indefinite period. He also submits that there are fairly arguable points in the appeal.

(3.) Learned counsel for the State has produced the affidavit, dated 28.8.2012, of Surinder Singh Godara, Superintendent, Central Jail, Hisar, showing the custody period undergone by the applicantappellant, which is taken on record.