Gursewak Singh @ Sewak Singh Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1139331
CourtPunjab and Haryana High Court
Decided OnMay-06-2014
AppellantGursewak Singh @ Sewak Singh
RespondentState of Punjab
Excerpt:
criminal misc. no.9492 of 2014 in criminal appeal no.s-4439-sb of 2013 [1].in the high court of punjab and haryana at chandigarh criminal misc. no.9492 of 2014 in criminal appeal no.s-4439-sb of 2013 date of decision: 06th may, 2014 gursewak singh @ sewak singh ...applicant/appellant versus state of punjab ...respondent coram: hon'ble mr.justice naresh kumar sanghi present: mr.j.s.brar, advocate, for the applicant/appellant. mr.k.s.pannu, dag, punjab. naresh kumar sanghi, j. prayer in this application is for suspension of sentence of the applicant/appellant gursewak singh @ sewak singh who was held guilty for having committed the offence punishable under section 18 of the narcotic drugs and psychotropic substances act, 1985 and ordered to undergo rigorous imprisonment for three years besides the payment of fine of ` 20,000/- and in default thereof, to undergo further rigorous imprisonment for three months. learned counsel contends that the applicant/appellant has undergone the substantive sentence for six months out of the maximum awarded sentence of three years.learned counsel for the state has produced the custody certificate of the applicant/appellant, gursewak singh @ sewak singh, under the signatures of the additional superintendent, central jail, ferozepur, which is taken on record. sharma seema 2014.05.06 17:18 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.9492 of 2014 in criminal appeal no.s-4439-sb of 2013 [2].the applicant/appellant has suffered incarceration for 06 months and 28 days as on 05.05.2014. he is neither required nor involved in any other case. keeping in view the totality of the facts and circumstances of the case, the present application is allowed and the execution of the remaining substantive sentence of the applicant/appellant gursewak singh @ sewak singh, s/o shaminder singh, r/o village darapur, p.s.sadar moga, district moga, is ordered to be suspended during the pendency of the present appeal subject to his furnishing bail bonds to the satisfaction of the learned chief judicial magistrate/duty magistrate, ferozepur. may 06, 2014 (naresh kumar sanghi) seema judge sharma seema 2014.05.06 17:18 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Criminal Misc.

No.9492 of 2014 in Criminal Appeal No.S-4439-SB of 2013 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

No.9492 of 2014 in Criminal Appeal No.S-4439-SB of 2013 Date of Decision: 06th May, 2014 Gursewak Singh @ Sewak Singh ...Applicant/appellant Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.J.S.Brar, Advocate, for the applicant/appellant.

Mr.K.S.Pannu, DAG, Punjab.

Naresh Kumar Sanghi, J.

Prayer in this application is for suspension of sentence of the applicant/appellant Gursewak Singh @ Sewak Singh who was held guilty for having committed the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and ordered to undergo rigorous imprisonment for three years besides the payment of fine of ` 20,000/- and in default thereof, to undergo further rigorous imprisonment for three months.

Learned counsel contends that the applicant/appellant has undergone the substantive sentence for six months out of the maximum awarded sentence of three yeaRs.Learned counsel for the State has produced the custody certificate of the applicant/appellant, Gursewak Singh @ Sewak Singh, under the signatures of the Additional Superintendent, Central Jail, Ferozepur, which is taken on record.

Sharma Seema 2014.05.06 17:18 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.9492 of 2014 in Criminal Appeal No.S-4439-SB of 2013 [2].The applicant/appellant has suffered incarceration for 06 months and 28 days as on 05.05.2014.

He is neither required nor involved in any other case.

Keeping in view the totality of the facts and circumstances of the case, the present application is allowed and the execution of the remaining substantive sentence of the applicant/appellant Gursewak Singh @ Sewak Singh, s/o Shaminder Singh, r/o village Darapur, P.S.Sadar Moga, District Moga, is ordered to be suspended during the pendency of the present appeal subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Ferozepur.

May 06, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.05.06 17:18 I attest to the accuracy and integrity of this document Chandigarh