WALIYAT ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal already stands admitted on 4.12.1995. Notice regarding suspension of sentence was also issued at the time when the appeal was admitted. Since the facts regarding the sentence already undergone by Ali Sher @ Sher Mohammad were not correctly stated in the grounds of appeal, the learned counsel for the petitioners had filed this fresh application seeking suspension of sentence of the appellants and has now stated correct facts. According to the facts stated in this application appellant Waliyat Ali had under gone about two years during trial and he is in custody since 28.2.1995. As regards other appellant Ali Sher @ Sher Mohammad he had undergone sentence for about 4 -1/2 years as he is in custody since 28.10.1995. Learned counsel has also relied upon orders dated 11.12.1995. and 18.12.1995 passed in Criminal appeals No. 700 SB of 1995 and 754 of 1995 and submits that since co -accused have already been admitted to bail, the two appellants in this appeal may also be granted bail. The prayer, however, has been opposed by the learned A.A.G., Haryana.

(2.) I have given my thoughtful consideration to the submissions made by the learned counsel for the parties and have perused the records.

(3.) IN Criminal appeals 700 SB of 1995 and 754 SB of 1995, the appellants have already undergone more than five years and the substantive sentence awarded to them was seven years. In the present case, appellant Ali Sher @ Sher Mohammad has since undergone about five years R.I. but the other appellant Waliyat Ali has undergone only two years R.I. though the substantive sentence awarded to these appellants is also seven years R.I. Keeping in view the aforesaid facts, I am of the view that substantive sentence awarded to Ali Sher alias Sher Mohammad should be suspended during the pendency of this appeal. Accordingly, I direct that substantive sentence awarded to said appellant Ali Sher @ Sher Mohammad shall remain suspended during the pendency of the appeal and he shall be released on bail on furnishing bait bond in the sum of Rs. 25,000/ - with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Jagadhri subject to his furnishing an undertaking that he will not leave the territorial jurisdiction of District Jagadhri without prior permission of the Court.