Crl.
Misc.
No.70466 of 2012 in Crl.
Appeal not D-150-DB of 2009 -1- Kashmir Singh Versus State of Punjab Present: Mr.S.P.S.Sidhu, for the applicant/appellant.
Mr.S.S.Dhaliwal, Addl.
AG, Punjab.
*** Learned State counsel has filed affidavit of Shri Davinder Kumar Sidhu, PPS, Superintendent, Central Jail, Ferozepur mentioning the period of imprisonment undergone by applicant/appellant-Kashmir Singh.
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-Kashmir Singh during the pendency of the appeal.
The applicant/appellant has been convicted by the learned Additional Sessions Judge, Moga for the offence under Section 302 IPC for committing the murder of Kulbir Singh.
He has been sentenced to undergo imprisonment for life; besides, pay a fine of Rs.10,000/- and in default thereof to undergo rigorous imprisonment for one year.
It is alleged that the applicant/appellant gave a 'barchha' blow from sharp side on the back of left shoulder of Kulbir Singh which pierced through and came out from his chest.
Dr.
Rajesh Mittal (PW-3) conducted an autopsy on the dead Crl.
Misc.
No.70466 of 2012 in Crl.
Appeal not D-150-DB of 2009 -2- body of Kulbir Singh and found two injuries on his person i.e.an incised punctured wound measuring 5 x 2cm in size on left side of Thoracic region on back, 4 cm below the tip of scapula and an incised punctured wound 3 x 1 cm in size on left side of front of chest 9 cm below the left nipple.
The applicant/appellant, however, it is stated is 75 years of age; besides, he is covered by the guidelines laid down in Dharam Pal versus State of Haryana 1999 (4) RCR Criminal 600 (P&H) (DB).There are arguable points in the appeal which would require consideration; besides, in Dharam Pal's case (supra).it was held that life convicts who have undergone five years of imprisonment of which three years should be after conviction, should be released on bail pending hearing of the appeal.
In terms of the affidavit that has been filed in Court today, the applicant/appellant has undergone imprisonment of four yeaRs.eleven months and sixteen days as on 21.01.2013 which includes imprisonment of more than three years post conviction.
At present, he has undergone more than five years of actual imprisonment.
Therefore, his case is indeed covered by the guidelines laid down in Dharam Pal's case (supra).Keeping in view the age of the applicant/appellant and the fact that his case is covered by the guidelines laid down in Dharam Pal's case (supra).it would be just and expedient to suspend the sentence of imprisonment of the applicant/appellant-Kashmir Singh Crl.
Misc.
No.70466 of 2012 in Crl.
Appeal not D-150-DB of 2009 -3- during the pendency of the appeal.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant-Kashmir Singh 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, Moga.
(S.S.Saron) Judge (S.P.Bangarh ) Judge 18.02.2013.
A.Kaundal