Punjab-Haryana High Court
Jagdev Singh & Ors vs State Of Punjab on 26 March, 2015
202 CRM-4446-2015 in
CRA-S-2804-SB-2014 -1-
JAGDEV SINGH & ORS VS STATE OF PUNJAB
Present: Mr.APS Deol, Sr. Advocate with
Mr. Vishal Rana, Advocate
for applicants/appellants No.2, 3 and 5.
Mr.Arshvinder Singh, Addl. A.G., Punjab.
Ms. G.K.Mann, Advocate
for the complainant.
***
Learned State counsel has filed affidavits of Sh. Kamalpreet Singh, PPS, Deputy Superintendent, Central Jail, Ludhiana mentioning the periods of imprisonments undergone by Davinder Singh, Sant Singh and Rajinder Singh (applicants/appellants No.2, 3 and 5 respectively). The same are taken on record.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking suspension of sentences of imprisonments of the applicants/appellants No.2, 3 and 5 during pendency of the appeal.
Mr. A.P.S. Deol, learned Senior Advocate appearing for the applicants/appellants No.2, 3 and 5 submits that the said applicants/appellants are not named in the FIR, which was recorded on the statement of complainant-Parminder Singh and there is no allegation against the said applicants/appellants No.2, 3 and 5 that they had caused any injuries to any person or put on fire any property. He has further submitted that the accused, who are named in the FIR by the complainant-Parminder Singh, have been acquitted while applicants/appellants No.2, 3 and 5, who are not named in the FIR, have been convicted with the aid of Section 149 of the Indian Penal Code ('IPC' - for short). ANJU 2015.03.30 11:08 I attest to the accuracy and authenticity of this document 202 CRM-4446-2015 in CRA-S-2804-SB-2014 -2- In response, learned State counsel Mr.Arshvinder Singh, Addl. A.G., Punjab and Ms. G.K.Mann, Advocate for the complainant have opposed the prayer for grant of bail to the applicants/appellants No.2, 3 and 5.
Ms. G.K.Mann, Advocate for the complainant has submitted that the applicants/appellants No.2, 3 and 5 were part of the unlawful assembly and in furtherance of common object of that assembly, they had put the huts of the devotees of the dera on fire. It is further submitted that Rajinder Singh (applicant/ appellant No.5) was holding a can containing oil which must be of some inflammable material. Therefore, the applicants/ appellants No.2, 3 and 5 had participated in the incident that had occurred.
We have given our thoughtful consideration to the matter. The contentions raised by the respective learned counsel for the parties would require consideration at the time of final hearing of the appeal. It may be noticed that applicants/appellants No.2, 3 and 5 were not sent up for trial after investigations were complete. They were kept in column No.2 of the police report ('challan') that was filed. During trial they were summoned as additional accused in terms of Section 319 of the Code of Criminal Procedure.
The applicants/appellants No.2, 3 and 5 alongwith other convicts have been sentenced to undergo imprisonment for 7 years for the offence under Section 436 read with Section 149 IPC. They have also been sentenced for varying terms for the other ANJU 2015.03.30 11:08 offences which have, however, been ordered to run concurrently. I attest to the accuracy and authenticity of this document 202 CRM-4446-2015 in CRA-S-2804-SB-2014 -3- The applicant/appellant No.2 - Davinder Singh has undergone imprisonment of ten months and twenty seven days as on 23.02.2015. Applicant/appellant No.3 - Sant Singh has undergone imprisonment of ten months and twenty seven days as on 23.02.2015. Applicant/appellant No.5 - Rajinder Singh has undergone imprisonment of ten months and eleven days as on 23.02.2015. Now they all have undergone about one year of imprisonment out of sentence of imprisonment for 7 years that has been imposed. The appeal is not likely to mature for hearing in the near future.
Therefore, in the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of applicants/appellants No.2, 3 and 5 during pendency of the appeal.
Accordingly, the criminal miscellaneous application is allowed and the sentences of imprisonments of applicants/ appellants No.2, 3 and 5 namely Davinder Singh, Sant Singh and Rajinder Singh respectively shall, during pendency of the appeal remain suspended subject to their furnishing personal bond and sureties to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana.
( S.S. SARON )
JUDGE
March 26, 2015 (SURINDER GUPTA)
anju JUDGE
ANJU
2015.03.30 11:08
I attest to the accuracy and
authenticity of this document