MOHAMAD SARDAR DARA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Mohammad Sardar Dara, son of Mehar Mohammad, resident of House No. 166, Ward No. 22, Mohalla Rajanwala, Malerkotla, District Sangrur, who was held guilty for the offences punishable under Sections 120-B, 148, 307, 323, 325 and 506 read with Section 149, IPC, and ordered to undergo the following sentences: <FRM>JUDGEMENT_578_LAWS(P&H)3_2013_1.html</FRM>

(2.) Learned senior counsel submits that the applicantappellant is an old man of more than 70 years. He further submits that there are fairly arguable points in the appeal, which is not likely to be heard in the near future. He further submits that during trial the applicant-appellant was on bail. Even after conviction the learned Trial Court has extended the benefit of suspended sentence to the applicant-appellant till 25.3.2013. He further submits that the applicant-appellant never misused the concession of bail.

(3.) On the other hand, learned counsel for the respondent- CBI has opposed the prayer made by the learned counsel for the applicant-appellant, by submitting that the ground taken by the applicant-appellant that the appeal is not likely to be heard in the near future, is not a good ground for suspension of sentence. In support of his submission, he has placed reliance on Rabindra Nath Singh v. Rajesh Ranjan @ Pappu Yadav and another, 2010 2 RCR(Cri) 859.