Ram Pal @ Pappu Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1055885
CourtPunjab and Haryana High Court
Decided OnApr-25-2013
AppellantRam Pal @ Pappu
RespondentState of Haryana
Excerpt:
in the high court of punjab and haryana at chandigarh crm-18840-2013 in cra-s-940-sb-2013 date of decision: april 25, 2013 ram pal @ pappu …applicant/appellant versus state of haryana …respondent coram: hon’ble mr. justice naresh kumar sanghi present: mr. harmandeep singh sullar, advocate, for the applicant-appellant. mr. anupam sharma, aag, haryana, for the respondent. naresh kumar sanghi, j.1. prayer in this application is for suspension of sentence of the applicant-appellant, ram pal @ pappu, who was held guilty for the offence punishable under section 18 of the narcotic drugs and psychotropic substances act, 1985, and ordered to undergo rigorous imprisonment for one year besides the payment of fine of `2,000/- and in default thereof, to undergo further rigorous imprisonment for three months.2. learned counsel contends that out of the sentence of imprisonment of one year, the applicant-appellant has suffered incarceration for more than one month and 15 days. he further submits that the fine imposed by the learned trial court has already been deposited. he also submits that the applicant is neither required not involved in any other case.3. learned counsel for the state has produced the affidavit of the superintendent, central jail, ambala, showing the period of incarceration suffered by the applicant-appellant, which is taken on record. crm-18840-2013 2 in cra-s-940-sb-2013 4. heard.5. the affidavit produced by the learned counsel for the state reveals that the applicant has suffered incarceration for two months and seven days as on 23.4.2013. the affidavit further reveals that the applicant is neither required not involved in any other case. there are fairly arguable point in the appeal.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, ram pal @ pappu, is ordered to be suspended during pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of the learned chief judicial magistrate/duty magistrate, ambala. (naresh kumar sanghi) april 25, 2013 judge pkapoor
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-18840-2013 in CRA-S-940-SB-2013 Date of Decision: April 25, 2013 Ram Pal @ Pappu …Applicant/Appellant Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Harmandeep Singh Sullar, Advocate, for the applicant-appellant. Mr. Anupam Sharma, AAG, Haryana, for the respondent. NARESH KUMAR SANGHI, J.

1. Prayer in this application is for suspension of sentence of the applicant-appellant, Ram Pal @ Pappu, who was held guilty for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for one year besides the payment of fine of `2,000/- and in default thereof, to undergo further rigorous imprisonment for three months.

2. Learned counsel contends that out of the sentence of imprisonment of one year, the applicant-appellant has suffered incarceration for more than one month and 15 days. He further submits that the fine imposed by the learned Trial Court has already been deposited. He also submits that the applicant is neither required not involved in any other case.

3. Learned counsel for the State has produced the affidavit of the Superintendent, Central Jail, Ambala, showing the period of incarceration suffered by the applicant-appellant, which is taken on record. CRM-18840-2013 2 in CRA-S-940-SB-2013 4. Heard.

5. The affidavit produced by the learned counsel for the State reveals that the applicant has suffered incarceration for two months and seven days as on 23.4.2013. The affidavit further reveals that the applicant is neither required not involved in any other case. There are fairly arguable point in the appeal.

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, Ram Pal @ Pappu, is ordered to be suspended during pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Ambala. (NARESH KUMAR SANGHI) April 25, 2013 JUDGE Pkapoor