Punjab-Haryana High Court
Kulbir Singh And Ors vs State Of U.T. Chandigarh on 25 May, 2016
CRM No. 14265 of 2016 in
CRA-D-1054-DB of 2010 225
Kulbir Singh and others v. State of U.T. Chandigarh
Present : Mr. Amandeep Chhabra, Advocate
for the applicant/appellant No.1-Kulbir Singh
Mr. G.S. Chahal, Additional Public Prosecutor
for U.T. Chandigarh
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This is the fourth application filed by applicant Kulbir Singh for suspension of his sentence of imprisonment, the first two having been dismissed on 8.11.2010 and 15.7.2015, whereas the third dismissed as withdrawn on 17.11.2015.
The applicant stands convicted under Sections 364/302/120B IPC and sentenced to undergo imprisonment for life.
As per the custody certificate, produced by the learned State counsel, the applicant has undergone an actual sentence of six years, seven months and twenty seven days which includes post conviction period of five years, two months and eleven days.
It may not be out of place to mention here that the last application submitted by the applicant was dismissed as having been withdrawn primarily for the reason that he had over-stayed parole for five months and one day i.e. from 7.6.2011 to 7.11.2011.
Learned counsel for the applicant further submits that subsequent to overstaying parole, the applicant was twice released on parole and every time he had reported to the jail authorities within time.
Final hearing of the appeal is likely to take a long time. Shamsher Singh and Nishan Singh, co-convicts of the applicant have already been granted the concession of suspension of sentence on the ground that their cases were 1 of 2 ::: Downloaded on - 27-05-2016 00:25:29 ::: CRM No. 14265 of 2016 in CRA-D-1054-DB of 2010 -2- covered by the ratio of Dharam Pal Vs. State of Haryana, 1999 (4) RCR (Criminal) 600. The applicant has also undergone an actual sentence of more than six years which includes post-conviction period of more than five years. Therefore, his case is also covered by the ratio of Dharam Pal (supra).
Resultantly, the application is accepted, sentence of imprisonment of applicant Kulbir Singh is suspended and he is ordered to be released on bail on his furnishing appropriate bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Chandigarh.
(T.P.S. MANN) JUDGE (RAMENDRA JAIN) JUDGE 25.5.2016 Ashwani 2 of 2 ::: Downloaded on - 27-05-2016 00:25:30 :::