GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant-appellant, Gurcharan Singh, son of Chanan Singh, resident of Bhagat Singh Nagar, Malout, who was held guilty for the offence punishable under Section 489-C, IPC, and sentenced to undergo rigorous imprisonment for 5 years, besides payment of fine of Rs. 10,000/- and in default thereof to undergo further rigorous imprisonment for 6 months.

(2.) Learned counsel submits that the applicant-appellant has suffered incarceration for two years and approximately 20 days. He further submits that there are arguable points in the appeal, therefore, the remaining substantive sentence of the applicant-appellant be suspended during the pendency of the appeal and he (applicant) may be ordered to be released on bail.

(3.) On the other hand, learned counsel for the State submits that the applicant-appellant was involved in yet another case of similar nature, though he has completed the entire sentence of the said case, but keeping in view the antecedents, he does not deserve to be released on bail.