Single-judge High Court of Punjab & Haryana allowed an application for suspension of sentence under Section 389 Cr.PC for an appellant convicted under Sections 323, 324, 326, and 307 IPC, pending the hearing of the appeal due to expected delay.
Suspension of the appellant's sentence subject to the satisfaction of the CJM/Duty Magistrate, Ambala.
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Crl. Misc.No.M 1840 of 2010 # 1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH .
Crl. Misc.No.M 1840 of 2010
in CRA No.845 SB of 2009 Date of Decision:-26.07.2010
Amrik Singh & Ors.
...... Petitioners .
Versus
The State of Haryana.
. ...... Respondent
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH .
Present:Mr. R.N. Lohan, Advocate for the applicant-Appellant no.1 Amrik Singh.
Mr. M.S. Sindhu, Addl. Advocate General Haryana.
Mr. Kapil Aggarwal, Advocate for Complainant.
JASWANT SINGH, J.(ORAL)
Prayer is under section 389 Cr.PC for suspension of sentence on behalf of appellant no.1 Amrik Singh who has been convicted and sentenced for five years in case bearing FIR No.119 dated 12.8.2005 under Sections 323, 324, 326 and 307 of the Indian Penal Code read with Section 34 of the Indian Penal Code registered with Police Station Sadar Ambala.
# 2#
Crl. Misc.No.M 1840 of 2010
It is stated that the petitioner has undergone approximately
one year and nine months.
Learned State counsel has filed affidavit issued by Deputy Superintendent Central Jail Ambala in respect of the custody period of appellant Amrik Singh.
In view of the fact that the appeal is not likely to be heard in near future, the present application is allowed and the sentence of the appellant Amrik Singh is suspended subject to the satisfaction of the CJM/Duty Magistrate, Ambala.
( JASWANT SINGH ) JUDGE
26th July, 2010 Vinay
1 issue framed by the court
Whether the conviction and sentence of the appellant should be suspended pending the hearing of the appeal.
2 provisions across 2 enactments
Amrik Singh
The State of Haryana
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
