AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED counsel for the appellant/applicant submits that the appellant/applicant is in custody since 20.3.2001 and has undergone sentence of about three years and ten months against the sentence of ten years imposed. It is further contended that the sentence of Ram Chander, who is also accused along with the appellant, has been suspended by this Court on 25.11.2003 in Criminal Misc. No. 54329 of 2003 in Criminal Appeal No. 1363-SB of 2001.

(2.) LEARNED counsel for the State has opposed the application for bail being a case of rape of a minor girl.

(3.) KEEPING in view the fact that the appellant-applicant has undergone about three years and ten months of the sentence as stated by the counsel for the appellant-applicant and also the fact that the sentence of Ram Chander co- accused of the appellant-applicant has been suspended as he has undergone two years and seven months of sentence, it would be just and expedient that the sentence of imprisonment of the appellant-applicant Avtar Singh is also suspended during the pendency of the appeal as he has also undergone more than 1/3rd of his substantive sentence of ten years imprisonment.