HAR CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Har Chand, son of Hanuman, resident of Village Kikral, Police Station, Siwani, District Bhiwani, who was held guilty for the offences punishable under Sections 363, 366- A, 376(2)(g) and 120-B, IPC, and sentenced to undergo rigorous imprisonment as under: <FRM>JUDGEMENT_502_LAWS(P&H)10_2012_1.html</FRM>

(2.) Learned senior counsel submits that out of the maximum awarded sentence of 10 years, the applicant-appellant has suffered incarceration for two years and more than six months. He further submits that the name of the applicantappellant was neither mentioned in the First Information Report nor find mentioned in the statement of the prosecutrix recorded under Section 164, Cr.P.C. He further submits that during the pendency of the trial, the applicant-appellant was released on bail, but the said concession was not misused. He further submits that there are fairly arguable points in the appeal and the same is not likely to be heard and decided in the near future.

(3.) Learned counsel for the State has produced the affidavit of J.S. Sethi, Superintendent, District Jail, Bhiwani, showing the custody period suffered by the applicant-appellant, which is taken on record. Perusal of the said affidavit reveals that the applicant-appellant, Har Chand, has suffered incarceration for two years, six months and five days as on date.