Punjab-Haryana High Court
Dilbagh Singh And Another vs State Of Punjab on 21 February, 2013
Author: S.S. Saron
Bench: S.S. Saron
Crl. Misc No. 72211 of 2012 in CRA No. 261-DB of 2009
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. 72211 of 2012 in
CRA No. 261-DB of 2009
Date of Decision: 21.2.2013
Dilbagh Singh and another ...Appellants
(Confined in Central Jail Patiala.)
Versus
State of Punjab ..Respondent
CORAM:HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MR. JUSTICE S.P. BANGARH
Present: Mr. Narinder Singh, Advocate
for the applicant-appellant No.1-Dilbagh Singh.
Mr. P.P.S. Thethi, Addl. A.G, Punjab.
S.S. SARON, J.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicant- appellant No.1-Dilbagh Singh, during the pendency of the appeal. The applicant-appellant No.1-Dilbagh Singh, has been convicted by the learned Judge, Special Court, Patiala, for the offence under Section 15 of NDPS Act. He was apprehended along with Ranjit Singh carrying six bags of poppy husk each weighing 35 kgs. in a silver colour Ascent car bearing registration No. MH-04BS-1651.
In term of affidavit dated 7.2.2013, filed by Jagwant Kumar Sharma, Superintendent, District Jail Sangrur, the applicant-appellant No.1. has also been involved in FIR No. 05 dated 05.1.2012, registered at Police Station Dhuri, under Section 15 of the NDPS Act. The said offence has been committed by the applicant-appellant No.1-Dilbhagh Singh while he was on parole in Crl. Misc No. 72211 of 2012 in CRA No. 261-DB of 2009 -2- the present case. A person repeating an offence under the NDPS Act is normally not entitled to bail.
Therefore, keeping in view, the above said circumstances, no ground is made out to suspend the sentence of imprisonment of applicant-appellant No.1-Dilbagh Singh during the pendency of the appeal at this stage.
Accordingly, criminal miscellaneous application seeking suspension of sentence of imprisonment of applicant-appellant No.1-Dilbagh Singh is dismissed.
21.2.2013 ( S.S. SARON )
aarti JUDGE
(S.P. BANGARH)
JUDGE