MANJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICT Manju @ Nisha has filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for suspension of sentence and release on bail during pendency of her appeal pending before learned Additional Sessions Judge, assailing her conviction and sentence ordered by learned Chief Judicial Magistrate, Kurukshetra, by setting aside order dated 10.12.2012 Annexure P-2 passed by learned Additional Sessions Judge, Kurukshetra, thereby dismissing the petitioner's application for suspension of sentence and release on bail during pendency of her appeal. Custody certificate of the petitioner, filed today in Court by State Counsel, is taken on record, subject to all just exceptions. I have heard learned counsel for the parties and perused the case file.

(2.) THE petitioner stands convicted along with two others under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act (in short, the Act), and has been sentenced to maximum sentence of imprisonment for five years besides fine under Section 5 of the Act by Chief Judicial Magistrate. All the sentences have been ordered to run concurrently.

(3.) COUNSEL for the petitioner contended that the petitioner is in custody in this case for seven months fourteen days and the appeal is not likely to be heard in the near future. It was also pointed out that although the other two co-convicts of the petitioner are not on parity with her but their sentence has been suspended by the Appellate Court and they have been released on bail.