HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER the inevitable delay in the hearing of the appeals in life sentence cases within this Court is by itself a factor to be taken into account for the grant of bail to the convicts is the slightly interesting question which has arisen for consideration in this application for bail moved on behalf of Sucha Singh and Jit Singh appellants,

(2.) AS many as 11 accused persons including the two petitioners herein were brought to trial before the Court of Session, at Patiala on charges of murder and other allied offences. The learned Sessions Judge by his judgment dated the 22nd April. 1975, acquitted three of the coaccused but convicted the remaining eight. All the convicts, however, were acquitted of the charge Under Section 302 read with Section 149, Indian Penal Code, but were held guilty Under Section 364/149, Indian Penal Code only, The two petitioners along with three co-accused stand sentenced to seven years' rigorous imprisonment each on the ground of their relatively tender age but the remaining three convicts were sentenced to undergo life imprisonment. The conviction and sentences on minor offences have also been recorded but have been directed to run concurrently.

(3.) THE two petitioners along with their co-accused filed appeals against their conviction and sentence. Their prayer for bail earlier was, however, rejected by the Division Bench on 22nd July, 1975, with the following observations :--Heard, No ground for bail. Dismissed.