Full Judgment
CRM No.68008 of 2012 in CRA-S No.3256-SB o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.68008 of 2012 in CRA-S No.3256-SB of 2012 Date of Decision: November 29, 2012 Ramesh Singh and another …Appellants Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Parvesh Sachdeva, Advocate, for the applicant-appellants. NARESH KUMAR SANGHI, J.
1. Prayer in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant- appellants, Ramesh Singh and Jito Bai, who were held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for one year, besides payment of fine of `5,000/- each and in default thereof to undergo further rigorous imprisonment for two months each.
2. Learned counsel contends that the applicant- appellants are neither required not involved in any other case. He further submits that the applicant-appellants have suffered incarceration for more than three months. He further submits that the appeal is not likely to be matured in the near future being filed in the year 2012. CRM No.68008 of 2012 in CRA-S No.3256-SB o”
2. 3. Learned counsel for the State has produced the affidavits of D.K. Sidhu, Superintendent, Central Jail, Ferozepur, showing the period of incarceration suffered by the applicant-appellants, which are taken on record.
4. Heard.
5. Perusal of the affidavits reveals that both the applicant-appellants have suffered incarceration for three months and two days as on 24.11.2012. The affidavits further reveal that both the applicants are neither required not involved in any other case. During the course of trial, the applicant-appellants were on bail and the said concession was not misused by them.
6. Keeping in view the totality of the circumstances of the case, the present application is allowed. The execution of the remaining substantive sentence of the applicant-appellants, Ramesh Singh and Jito Bai, is ordered to be suspended during pendency of the appeal, subject to their furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Ferozepur. (NARESH KUMAR SANGHI) November 29, 2012 JUDGE Pkapoor