Punjab-Haryana High Court
Jambo vs State Of Haryana on 7 March, 2012
-1- Crl. Misc.No.44380 of 2011 in
Crl. Appeal No.497-DB of 2010
Date of Decision: 07.03.2012
Jambo versus State of Haryana
Present: Mr. Parminder Singh, Advocate
for the applicant/appellant.
Mr. H. S. Deol, Addl. AG, Haryana.
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Learned State counsel has filed affidavit of Sh. Jai Dev Bishnoi, Superintendent, Central Jail, Ambala mentioning the period of imprisonment undergone by applicant/appellant-Jambo. The same is taken on record.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant during the pendency of the appeal.
In the incident that occurred on 11.08.2008, it is alleged by the complainant Kishan Lal that he had gone to DAV College ground at Ambala to attend a fraternity Panchayat of Deha Colony. On his way back, Lilly and Hira Lal sons of Kaka Ram met him and threatened to kill him in case they compromised the dispute with Lahoria. He advised them to live in peace. On hearing this, Jambo (applicant/appellant) flared up and gave a sword blow on his left leg which hit near his knee.
Dr. Rajinder Rai (PW-6) medico legally examined Kishan Lal and he found eight injuries on his person. Injuries No.7 and 8 are as follows:-
"7. Incised wound 2 cm x .5 cm bone deep, oblique over front of left leg just below knee. Advised x-ray
-2- Crl. Misc.No.44380 of 2011 in Crl. Appeal No.497-DB of 2010 and Ortho opinion.
8. One linear cut was present over inner side of right lower limb oblique 6 cm long. Advised Ortho opinion."
It was opined that injuries No.7 and 8 were with sharp weapon. Kishan Lal died on 14.08.2008.
Dr. R. C. Jindal, Medical Officer, Civil Hospital, Ambala City (PW-16) conducted the postmortem examination of Kishan Lal (deceased). In his opinion, cause of death was congestion of lungs which was due to pulmonary embolism. In cross-examination, it is stated that this was a sudden medical complication which could occur in cases of injured persons and not by negligence of the doctor. However, injury was the precipitating cause. He was again summoned to clarify the facts and he stated that death could not be attributed due to fracture of leg bones directly. The question whether it is in any case a case which would fall under Section 302 or 304 IPC is to be considered at the time of final hearing of the appeal.
In terms of the affidavit of Sh. Jai Dev Bishnoi, Superintendent, Central Jail, Ambala that has been filed in Court today, the applicant/appellant has undergone imprisonment of five years, five months and fourteen days as on 05.03.2012. This includes period of imprisonment of three years and six days post conviction. In the case of Dharam Pal versus State of Haryana 1999 (4) R.C.R. (Criminal) 600, it was held by a Division Bench of this Court that the life convicts who have undergone five years imprisonment of which three years should be after conviction, should be released on bail pending hearing of the appeals. The said
-3- Crl. Misc.No.44380 of 2011 in Crl. Appeal No.497-DB of 2010 guidelines as laid down in Dharam Pal's case (supra) have been met in the present case. The applicant/appellant-Jambo is involved in four other cases under Sections 323, 325 and 332 IPC but he has been acquitted in all the cases. Therefore, in the facts and circumstances of the case, it would be just and expedient that the sentence of imprisonment of the applicant-appellant during the pendency of the appeal is suspended.
Accordingly, criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant-appellant-Jambo during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ambala.
( S.S. Saron ) Judge ( M. Jeyapaul ) Judge 07.03.2012.
A.kaundal