ANIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the present application filed under Sec. 389 Cr.P.C., applicant/appellant No.1 namely Anil son of Vijay Singh seeks suspension of sentence, during the pendency of the present appeal.

(2.) He has been convicted in FIR No. 222 dtd. 31/8/2013 (registered under Sec. 147, 148, 149, 302 and 216 of the Indian Penal Code, at Police Station Bhattu Kalan) and has been sentenced to undergo rigorous imprisonment for life for commission of offence punishable under Sec. 302 read with Sec. 34 IPC vide judgment and order dtd. 30/9/2016 Custody Certificate has been placed on record. Applicant/ appellant No.1 is stated to have undergone actual sentence of 6 years, 9 months and 4 days.

(3.) Counsel for applicant/appellant No.1 submits that keeping in view the period of custody, the applicant is entitled for the concession of suspension of sentence in the light of ratio of law laid down by this Court in 'Dharampal vs. State of Haryana', 1999 (4) RCR (Criminal) 600.