SEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sewa Singh accused was convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 1,000/ -. In default of payment of fine to further undergo R.I. for. another period of 6 months under Section 307 of the Indian Penal Code. He was also sentenced to undergo RI. for six months under Section 323/149 I.P.C. He was also convicted and sentenced to undergo R.I. for two years and to pay fine of Rs. 5001/ -. In default of payment of fine, to further undergo R.I. for three months under Section 148 I.P.C. vide judgement dated 22.3.1996. Since 22.3.1996, he has been in jail in pursuance to this conviction recorded against him.

(2.) IT is submitted by the learned counsel for the petitioner that as an under trial, he remained in jail for 5 months also. Hearing of the appeal is not possible in the future. It would be setting at naught the canons of justice if he is kept in Jail without his appeal being heard on merits.

(3.) KEEPING in view what has been submitted before me, I allow bail to Sewa Singh to the satisfaction of the Chief Judicial Magistrate, Patiala. Appeal shall be. heard within a year. .