LAKHWINDER SINGH @ LAKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this application is for suspension of sentence of the applicant -appellant, Lakhwinder Singh @ Lakha, son of Chanan Singh, resident of Village Nag Kalan, Majitha Road, Amritsar, who was held guilty for having committed the offences punishable under Sections 120 -B, 366 -A, 376 read with 120 -B, 342 and 506, IPC, and ordered to undergo the following sentences:

(2.) LEARNED counsel for the State has produced the affidavit of the Superintendent, Central Jail, Amritsar, showing the period of incarceration suffered by the applicant -appellant, which is taken on record. He has not controverted the fact that the co -accused/convicts of the applicant -appellant have already been granted bail by suspending their sentences. He further concedes that the applicant -appellant had not, in fact, committed rape on the prosecutrix, therefore, he was convicted with the aid of Section 120 -B, IPC.

(3.) CONCEDEDLY , the applicant -appellant had not committed sexual intercourse with the prosecutrix, therefore, he has been convicted under Section 376 with the aid of Section 120 -B, IPC. Out of the maximum substantive sentence of 7 years, the applicant -appellant has suffered incarceration for 1 years, 7 months and 26 days as on 14.1.2014, as per the affidavit produced by the learned counsel for the State. He is neither required nor involved in any other case. There are fairly arguable points in the appeal and the same is not likely to be heard and decided in near future. Keeping in view the totality of the facts and circumstances of the case and the ratio of the judgment delivered by Hon'ble the Supreme Court in the case of Bhagwan Rama Shinde Gosai and others v. State of Gujarat, : (1999) 4 SCC 421, the present criminal miscellaneous application is allowed. The execution of the remaining substantive sentence of the applicant -appellant, Lakhwinder Singh @ Lakha, son of Chanan Singh, resident of Village Nag Kalan, Majitha Road, Amritsar, is ordered to be suspended during pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.