Punjab-Haryana High Court
Gursahib Singh Alias Saba vs State Of Punjab on 2 February, 2012
-1- Crl. Misc.No. 58319 of 2011 in
Crl. Appeal No.527-DB of 2006
Date of Decision: 02.02.2012.
Gursahib Singh alias Saba versus State of Punjab
Present: Mr. Karanjit Singh, Advocate for the applicant/appellant.
Mr. Surinder Singh Dhaliwal, Addl. AG, Punjab.
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Learned State counsel has filed affidavit of Shri Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur mentioning the period of imprisonment undergone by the applicant/appellant. 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- Gursahib Singh alias Saba during the pendency of the appeal.
In terms of the affidavit of Shri Ramandip Singh Sandhu, PPS, Superintendent, Central Jail, Ferozepur, the applicant/appellant has undergone five years, eight months and twenty four days of imprisonment as on 09.01.2012.
The co-convict of the applicant/appellant namely Pargat Singh has filed Crl. Appeal No.963-DB of 2006. In the said appeal, Pargat Singh filed Crl. Misc. No.52642 of 2011 seeking suspension of sentence of imprisonment. This Court vide order dated 03.11.2011, ordered the listing of the appeal for final hearing in the month of February, 2012. The said appeal has, however, not been listed as yet. Paramjit Kaur another co- convict of the applicant/appellant has filed Crl. Appeal No.528-DB of 2006 in which her sentence of imprisonment was suspended by this Court vide order dated 17.05.2010 passed in Crl. Misc. No.22046 of 2010. Another co-convict namely Dilbagh Singh has filed Crl. Appeal No.484-DB of 2006
-2- Crl. Misc.No. 58319 of 2011 in Crl. Appeal No.527-DB of 2006 which is also pending in this Court.
Keeping in view the facts and circumstances of the case and also the period of imprisonment undergone by the applicant/appellant, we feel that instead of suspending the sentence of imprisonment, it would be just and expedient that the appeal itself is listed for final hearing.
Accordingly, criminal miscellaneous application seeking suspension of sentence of imprisonment of the applicant/appellant is dismissed. However, the present appeal along with Crl. Appeal No. D-484- DB of 2006 titled 'Dilbagh Singh versus State of Punjab; Crl. Appeal No.528-DB of 2006 titled 'Paramjit Kaur versus State of Punjab' and Crl. Appeal No.963-DB of 2006 titled 'Pargat Singh versus State of Punjab' be listed for final hearing in the month of May, 2012.
( S.S. Saron ) Judge ( M. Jeyapaul ) Judge 02.02.2012 A.kaundal