Judgment:
112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2057 of 2014 (O&M) Date of decision: July 11, 2014 Sharma Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE INDERJIT SINGH Present: Mr.Veneet Sharma, Advocate for the petitioneRs.**** INDERJIT SINGH, J.
Petitioners Sharma Singh and Shingara Singh have filed this petition against State of Punjab respondent under Section 401 Cr.P.C.challenging the order dated 07.05.2014 passed by learned Addl.
Sessions Judge, (A) FTC, Amritsar, vide which, the Appellate Court has declined the application for suspension of sentence of the petitioners during the pendency of the appeal.
I have gone through the record and have heard learned counsel for the petitioner.
As per the record, vide judgment dated 29.03.2014, which is placed on record as Annexure P-3, learned JMIC, Ajnala convicted present petitioners along with other co-accused under Sections 326, 325, 324, 323 read with Section 149 IPC.
When the Court was considering the case for the purpose of imposing sentence, the VINEET GULATI201408.06 09:27 I attest to the accuracy and integrity of this document Chandigarh CRR No.2057 of 2014 -2- present petitioners succeeded in running away from the Court but both these petitioners have been sentenced to undergo simple imprisonment for a period of one year each under above-mentioned Sections.
As argued and as per the record, appeal was filed by these petitioners before the Sessions Court without surrendering before the Court.
At the time of arguments, learned counsel for the petitioners argued that till now both the petitioners/convicts have not surrendered before the trial Court and they have applied for suspension of sentence.
Both these petitioners are knowing fully well that they have been convicted by the trial Court.
No bail has been granted by the Court, therefore, both these petitioners are running away from the judicial process.
In these circumstances, the application of the petitioners Sharma Singh and Shingara Singh has been correctly declined by the Sessions Court.
No illegality has been committed by the Session Court while declining the application for suspension of sentence.
In view of the facts and circumstances of the present case, I do not find any merit in the present petition and the same is hereby dismissed.
July 11, 2014 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI201408.06 09:27 I attest to the accuracy and integrity of this document Chandigarh