Present: Mr. Chandan Singh Rana Advocate Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1055748
CourtPunjab and Haryana High Court
Decided OnMar-19-2013
AppellantPresent: Mr. Chandan Singh Rana Advocate
RespondentState of Punjab
Excerpt:
in the high court of punjab and haryana at chandigarh crm no.1900 of 2013 in cra-s no.2891-sb of 2012 date of decision: march 19, 2013 kirpal kaur …applicant/appellant versus state of punjab …respondent coram: hon’ble mr. justice naresh kumar sanghi present: mr. chandan singh rana, advocate, for the applicant-appellant. mr. sandeep chhabra, dag, punjab, for the respondent. naresh kumar sanghi, j.1. prayer in this application is for suspension of sentence of the applicant-appellant, kirpal kaur, daughter of gurdeep singh, resident of mastian road, kot ise khan, tehsil and district moga, who was held guilty for the offence punishable under section 306, ipc, and sentenced to undergo rigorous imprisonment for five years, besides payment of fine of ` 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for three months.2. learned counsel contends that there are fairly arguable points in the appeal. he further submits that the husband of the applicant-appellant committed suicide and she is behind the bars, therefore, there is none to take care of her two minot children. he further submits that the applicant-appellant is behind the bars for eight months. crm-1900-2013 in cra-s-2891-sb o”2. 3. learned counsel for the state has produced the affidavit of the deputy superintendent, central jail, ferozepur, showing the period of incarceration suffered by the applicant-appellant, which is taken on record.4. heard.5. perusal of the affidavit produced by the learned counsel for the state reveals that the applicant-appellant is neither required not involved in any other case. it further shows that during her confinement in the jail, the applicant-appellant had earned remission for 25 days. it shows that she is maintaining good behaviour in the jail. she has undergone the substantive sentence of 7 months and 16 days as on 8.3.2013. the applicant-appellant has two minot children to maintain and there is no other person to take care of them. there are fairly arguable points in the appeal and the same is not likely to be heard and decided in near future.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-appellant, kirpal kaur, daughter of gurdeep singh, resident of mastian road, kot ise khan, tehsil and district moga, is ordered to be suspended during pendency of the appeal, subject to her furnishing bail bonds to the satisfaction of the learned chief judicial magistrate/duty magistrate, moga. (naresh kumar sanghi) march 19, 2013 judge pkapoor
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.1900 of 2013 in CRA-S No.2891-SB of 2012 Date of Decision: March 19, 2013 Kirpal Kaur …Applicant/Appellant Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Chandan Singh Rana, Advocate, for the applicant-appellant. Mr. Sandeep Chhabra, DAG, Punjab, for the respondent. NARESH KUMAR SANGHI, J.

1. Prayer in this application is for suspension of sentence of the applicant-appellant, Kirpal Kaur, daughter of Gurdeep Singh, resident of Mastian Road, Kot Ise Khan, Tehsil and District Moga, who was held guilty for the offence punishable under Section 306, IPC, and sentenced to undergo rigorous imprisonment for five years, besides payment of fine of ` 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for three months.

2. Learned counsel contends that there are fairly arguable points in the appeal. He further submits that the husband of the applicant-appellant committed suicide and she is behind the bars, therefore, there is none to take care of her two minot children. He further submits that the applicant-appellant is behind the bars for eight months. CRM-1900-2013 in CRA-S-2891-SB o”

2. 3. Learned counsel for the State has produced the affidavit of the Deputy Superintendent, Central Jail, Ferozepur, showing the period of incarceration suffered by the applicant-appellant, which is taken on record.

4. Heard.

5. Perusal of the affidavit produced by the learned counsel for the State reveals that the applicant-appellant is neither required not involved in any other case. It further shows that during her confinement in the jail, the applicant-appellant had earned remission for 25 days. It shows that she is maintaining good behaviour in the jail. She has undergone the substantive sentence of 7 months and 16 days as on 8.3.2013. The applicant-appellant has two minot children to maintain and there is no other person to take care of them. There are fairly arguable points in the appeal and the same is not likely to be heard and decided in near future.

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-appellant, Kirpal Kaur, daughter of Gurdeep Singh, resident of Mastian Road, Kot Ise Khan, Tehsil and District Moga, is ordered to be suspended during pendency of the appeal, subject to her furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Moga. (NARESH KUMAR SANGHI) March 19, 2013 JUDGE Pkapoor