Judgment:
Crl.M.No.11831 of 2014 IN Crl.A.No.S-1888-SB-2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.11831 of 2014 IN Crl.A.No.S-1888-SB-2013 Date of Decision: July 11, 2014 Bheera and others .....Applicants v.
State of Haryana ......Respondent CORAM: HON'BLE MR.JUSTICE NARESH KUMAR SANGHI Present: Mr.Parminder Singh, Advocate for the applicant-appellant No.3.
Mr.B.S.Saini, Sr.DAG, Haryana....NARESH KUMAR SANGHI, J.
Prayer in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of applicant-appellant No.3, Nafa Singh, who was held guilty for having committed the offences punishable under Sections 307, 323 and 325 read with Section 34, IPC, and ordered to undergo the following sentences: Under Section Sentence (R.I.) Fine (in `) In Default (R.I.) 307/34, IPC5years `2,000/- 3 months 323/34, IPC1year - - 325/34, IPC3years `1,000/- 2 months All the substantive sentences were ordered to run concurrently.
Learned counsel contends that the injury attracting the mischief of Section 307, IPC, was not attributed to the applicant- appellant, Nafa Singh; that simple injury on forehead of Raghbir Meenu 2014.07.11 18:39 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.11831 of 2014 IN Crl.A.No.S-1888-SB-2013 -2- Singh-injured by means of a dang has been attributed to him; that the applicant-appellant, Nafa Singh, has suffered incarceration for one year and approximately three months; and the applicant- appellant is neither required nor involved in any other case.
Learned counsel for the State has produced an affidavit of Superintendent, District Jail, Kaithal, showing the period of incarceration suffered by the applicant-appellant No.3, which is taken on record.
Heard.
Perusal of the above affidavit reveals that the applicant-appellant No.3 has suffered incarceration for one year and more than three months.
He is neither required nor involved in any other case.
The injury attracting the mischief of Section 307, IPC, has not been attributed to the applicant-appellant.
Keeping in view the totality of the facts and circumstances of the case, the present application is allowed.
Execution of the remaining substantive sentence of applicant- appellant No.3, Nafa son of Chhajju Ram, resident of Village Teek, District Kaithal, is ordered to be suspended during pendency of the appeal subject to his furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Kaithal.
July 11, 2014 (NARESH KUMAR SANGHI) meenu JUDGE Meenu 2014.07.11 18:39 I attest to the accuracy and integrity of this document chandigarh