Punjab-Haryana High Court
Mandeep @ Happy And Others vs State Of Haryana on 17 October, 2012
Crl. Misc. No.58939 of 2012 in
Crl. Appeal No.D-165-DB of 2012 -1-
Mandeep @ Happy and others Versus State of Haryana
Present: Mr. V. K. Jindal, Advocate for the applicant/appellant No.7.
Mr. H. S. Deol, Addl. AG, Haryana.
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Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking interim suspension of sentence of imprisonment of the applicant/appellant No.7-Randeep @ Kala during the pendency of the appeal.
The learned Additional Sessions Judge, Panipat vide judgment and order dated 24.12.2011 and 02.01.2012 convicted and sentenced the applicant/appellant No.7 for the offences under Sections 148, 325, 506 and 302/149 and 323/149 IPC. He has been sentenced to undergo imprisonment for life; besides, pay a fine of Rs.10,000/- for the offence under Section 302 IPC and for varying terms for the other offences as also fine.
The present criminal miscellaneous application has been filed on the ground that the minor son namely Deepanshu aged about 10 months is very serious and is admitted in Jaipur Golden Hospital, Rohini, New Delhi.
Notice of criminal miscellaneous application was issued. A verification has been got conducted through Suresh Kumar ASI Police Station Chandni Bagh, Panipat. An application was submitted by ASI Suresh Kumar to the Incharge Duty Doctor Jaipur Golden Crl. Misc. No.58939 of 2012 in Crl. Appeal No.D-165-DB of 2012 -2- Hospital, Rohini, New Delhi. It was inter alia asked as to whether the operation to be performed on the minor son of the applicant/appellant No.7 is a minor operation or a major operation and whether the presence of the father of minor namely Randeep @ Kala (applicant/appellant No.7) is necessary. Incharge Duty Doctor was also informed that Randeep @ Kala (applicant/appellant No.7) is in jail in connection with the murder case. On the said application, Dr. Roshan Kumar for Dr. Rakesh Bhargava of Jaipur Golden Hospital, Rohini, New Delhi has made an endorsement on the application to the effect that Deepanshu Malik son of Randeep @ Kala (applicant/appellant No.7) aged 14 years (sic. 14 months) is a case of Hirschsprungs disease. He had been operated once in February and colostomy was done. This is due for full through procedure most likely on 30.10.2010 which is a major surgery and presence of his father is desirable. Apart from the said medical certificate, it is submitted by the learned counsel for the applicant/appellant No.7 that arrangement for funds are also to be made for the operation of minor son of the applicant/appellant No.7.
In the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant No.7 for a period of 15 days from the date of his release.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No.7-Randeep @ Kala during the pendency of the appeal shall Crl. Misc. No.58939 of 2012 in Crl. Appeal No.D-165-DB of 2012 -3- remain suspended for a period of 15 days subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Panipat.
The learned Chief Judicial Magistrate, Panipat shall specify the date after expiry of 15 days on which the applicant/appellant No.7 shall surrender in jail.
( S. S. Saron ) Judge ( S. P. Bangarh ) Judge 17.10.2012 A.Kaundal