NARAIN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Balwant Singh along with his father Narain Singh and his mother Shanta, faced trial before the learned Additional Sessions Judge, Rohtak, in Sessions Case No. 92 of 1994 under Sections 304-B, 498-A/34 of the Indian Penal Code and was accordingly convicted under Section 304-B read with Section 34 of the Indian Penal Code and sentenced to imprisonment for ten years. No separate conviction under Section 498-A read with Section 34 of the Indian Penal Code was recorded, on the ground that it was a lesser offence. Petitioner-Balwant Singh and the other accused have preferred the criminal appeal against the said conviction and sentence which has been admitted. Balwant Singh has moved this miscellaneous application for suspending the sentence passed against him and for releasing him on bail. He had also prayed for the said relief at the time of filing the appeal. But the same was declined on 2.5.1997. The petitioner has now filed this application mainly on the ground that he has suffered more than three years of imprisonment and that the appeal is likely to take a long time for its disposal.

(2.) THIS application is opposed by the counsel for the State. Counsel for both sides have been heard.

(3.) THE learned counsel for the petitioner also relied upon a judgment of this Court in Dalipa Ram v. State of Punjab, Cr.M. 14218 of 1997 in Crl. Appeal No. 638-SB of 1995 and the decision of the Hon'ble Supreme Court in Kashmira Singh v. State of Punjab, AIR 1997 Supreme Court 2147 in support of his contention in this behalf.