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Punjab-Haryana High Court

Gurpreet Singh @ Babla & Ors vs State Of Punjab on 2 September, 2014

                  (211-A)            CRM No. 9491 of 2014 in
                                     CRA No. S-659-SB of 2014


                  Gurpreet Singh @ Babla and Ors.              v.            State of Punjab


                  Present:     Mr. G.S. Nahel, Advocate for the
                               applicants/appellants No.1 and 3.

                               Mr. K.S. Pannu, DAG, Punjab.

                               Mr. Barjesh Kumar Sharma, Advocate for the
                               complainant.

                                            ***

The Crl. Misc. application has been filed seeking suspension of sentences of imprisonments of the applicants/ appellants No.1 and 3 - Gurpreet Singh alias Babla and Hardeep Singh alias Danger during the pendency of the appeal.

Learned State counsel has filed affidavit of Sh. Joga Singh Sekhon, PPS, Superintendent, New District Jail, Nabha mentioning the period of imprisonment undergone by the applicant/ appellant No.1 - Gurpreet Singh alias Babla and affidavit of Sh. Dev Pal Singh, PPS, Superintendent, New District Jail, Nabha mentioning the period of imprisonment undergone by the applicant/ appellant No.3 - Hardeep Singh alias Danger. The same are taken on record.

The matter between the parties has been compromised. The sentences of imprisonments of the co-convicts of the present applicants/appellants No.1 and 3, that is, Manjit Singh and Gurdeep Singh alias Deepa (appellants in CRA No. S-385-SB of 2014) have been suspended by a separate order passed today in CRM No. 25578 of 2014. The role attributed to Gurdeep Singh alias Babla (applicant/appellant No.1) in the incident that occurred on 26.12.2009 is that he was armed with an 'iron rod' and Hardeep Singh alias Danger (applicant/appellant No.3) was armed with a AMIT KHANCHI 2014.09.03 12:50 I attest to the accuracy and integrity of this document High Court,Chandigarh (211-A) CRM No. 9491 of 2014 in [2] CRA No. S-659-SB of 2014 'kirpan'. They along with seven-eight other boys armed with iron rods and 'kirpans' got down from the vehicle and inflicted injuries to Kuldeep Singh, Deep Singh and Baljinder Singh with iron rods, 'kirpans' and 'gandasas'. The dispute between the parties has now been amicably settled. A 'panchayati compromise' dated 13.8.2014 has been filed in the connected case i.e. CRM No.25578 of 2014 in CRA No. S-385-SB of 2014, besides, affidavits of the injured namely Udham Singh, complainant, Kuldeep Singh son of Maghar Singh, Deep Singh son of Ram Singh, Baljinder Singh son of Mohinder Singh and Hardeep Singh son of Baldev Singh have been filed in which the fact of compromise has been admitted and accepted.

Mr. Barjesh Kumar Sharma, Advocate for the complainant Udham Singh submits that dispute between the parties has been amicably settled and he has no objection to the sentences of imprisonments of the applicants/appellants No.1 and 3 namely Gurdeep Singh alias Babla and Hardeep Singh alias Danger being suspended.

In terms of the affidavits that have been filed, Gurdeep Singh alias Babla (applicant/appellant No.1) has undergone imprisonment of two years, two months and twenty-four days as on 20.8.2014 and Hardeep Singh alias Danger (applicant/appellant No.3) has undergone imprisonment of two years, ten months and twenty-seven days as on 31.8.2014. He (applicant/appellant No.3) is involved in three other cases as well but he is on bail in the said cases.

Keeping in view the compromise and settlement entered into between the parties and also the period of imprisonments AMIT KHANCHI undergone by the applicant/appellant No.1 - Gurpreet Singh alias 2014.09.03 12:50 I attest to the accuracy and integrity of this document High Court,Chandigarh (211-A) CRM No. 9491 of 2014 in [3] CRA No. S-659-SB of 2014 Babla and applicant/appellant No.3 - Hardeep Singh alias Danger, it would be just and expedient that the sentences of imprisonments of the applicants/appellants No.1 and 3 are suspended during the pendency of the appeal.

Accordingly, the Crl. Misc. application is allowed and the sentences of imprisonments of Gurpreet Singh alias Babla and Hardeep Singh alias Danger (applicants/appellants No.1 and 3) shall, during the pendency of the appeal, remain suspended subject to their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Sangrur.

(S.S. Saron) Judge (Lisa Gill) 2.9.2014 Judge amit AMIT KHANCHI 2014.09.03 12:50 I attest to the accuracy and integrity of this document High Court,Chandigarh