HARISH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The applicant/appellant - Harish Chand seeks suspension of sentence during the pendency of the appeal. In the incident that occurred on 29.5.2005, the applicant/appellant was holding a lathi and is attributed three injuries, one is on the left arm pit of the complainant Balbir Singh, the second is lathi blow on the head of Vinod Kumar and the third is on the waist of the complainant Balbir Singh.

(3.) Learned counsel appearing for the complainant Balbir Singh has submitted that the applicant/appellant is the main accused and he is attributed an injury on the head of the injured Vinod Kumar. Therefore, Section 307 IPC was later added. After giving my thoughtful consideration to the matter, it may be noticed that as per the custody certificate submitted by the learned State counsel, the petitioner has undergone actual imprisonment of one year, nine months and twenty days. There is no other case registered against him. Besides, he has availed parole for a period from 21.11.2009 to 06.12.2009. He did not misuse the concession of parole. The appeal is not likely to mature for hearing in the near future.