Date of Decision: May 26 2014 Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1141409
CourtPunjab and Haryana High Court
Decided OnMay-26-2014
AppellantDate of Decision: May 26 2014
RespondentState of Punjab
Excerpt:
in the high court of punjab and haryana at chandigarh (i) criminal misc. no.11995 of 2014 in criminal appeal no.s-563-sb of 2013 date of decision: may 26, 2014 sitara singh and another ...applicant-appellant no.1 versus state of punjab ...respondent (ii) criminal misc. no.11884 of 2014 in criminal appeal no.s-961-sb of 2013 pati raj ...applicant-appellant versus state of punjab ...respondent coram: hon'ble mr.justice inderjit singh present: mr.veneet sharma, advocate, for the applicant-appellant no.1 in criminal misc.no.1195 of 2014. mr.vijay k.jindal, advocate, for the applicant-appellant in criminal misc.no.11884 of 2014. mr.v.p.s.sidhu, assistant advocate general, punjab, for the respondent-state. **** inderjit singh, j. this order shall dispose of criminal misc.no.11995 of 2014, filed by applicant-appellant sitara singh and criminal misc.no.11884 of 2014, filed by applicant-appellant pati raj for suspension of sentence during the pendency of appeal. learned judge, special court, amritsar, vide judgment of conviction and order of sentence dated 09.01.2013, passed in case fir no.346 dated 29.08.2009, held the applicants-appellants sitara singh and pati raj guilty for the commission of offence punishable malhotra mamta 2014.05.26 17:21 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.11995 of 2014 in criminal appeal no.s-563-sb of 2013 -2- under section 20 of the narcotic drugs & psychotropic substances act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years and to pay a fine of rs.1,00,000/- each under the aforesaid section. feeling aggrieved against the said judgment of conviction and order of sentence, the applicants-appellants filed separate appeals which have been admitted by this court vide orders dated 27.02.2013 and 02.04.2013. as per custody certificates, produced by learned state counsel, the applicant-appellant sitara singh has already undergone 4 years 8 months and 26 days and applicant-appellant pati raj has already undergone 4 years 8 months and 24 days of actual sentence. the appeals are not likely to mature for hearing in the near future. therefore, in the facts and circumstances, the criminal miscellaneous applications are allowed and the sentence of imprisonment of applicants-appellants during the pendency of appeals shall remain suspended and they are admitted to bail subject to their furnishing personal bonds and surety to the satisfaction of learned chief judicial magistrate/duty magistrate, amritsar. may 26, 2014 (inderjit singh) mamta judge malhotra mamta 2014.05.26 17:21 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) Criminal Misc.

No.11995 of 2014 in Criminal Appeal No.S-563-SB of 2013 Date of decision: May 26, 2014 Sitara Singh and another ...Applicant-Appellant No.1 Versus State of Punjab ...Respondent (ii) Criminal Misc.

No.11884 of 2014 in Criminal Appeal No.S-961-SB of 2013 Pati Raj ...Applicant-Appellant Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE INDERJIT SINGH Present: Mr.Veneet Sharma, Advocate, for the applicant-appellant No.1 in Criminal Misc.No.1195 of 2014.

Mr.Vijay K.Jindal, Advocate, for the applicant-appellant in Criminal Misc.No.11884 of 2014.

Mr.V.P.S.Sidhu, Assistant Advocate General, Punjab, for the respondent-State.

**** INDERJIT SINGH, J.

This order shall dispose of Criminal Misc.No.11995 of 2014, filed by applicant-appellant Sitara Singh and Criminal Misc.No.11884 of 2014, filed by applicant-appellant Pati Raj for suspension of sentence during the pendency of appeal.

Learned Judge, Special Court, Amritsar, vide judgment of conviction and order of sentence dated 09.01.2013, passed in case FIR No.346 dated 29.08.2009, held the applicants-appellants Sitara Singh and Pati Raj guilty for the commission of offence punishable Malhotra Mamta 2014.05.26 17:21 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.11995 of 2014 in Criminal Appeal No.S-563-SB of 2013 -2- under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- each under the aforesaid Section.

Feeling aggrieved against the said judgment of conviction and order of sentence, the applicants-appellants filed separate appeals which have been admitted by this Court vide orders dated 27.02.2013 and 02.04.2013.

As per custody certificates, produced by learned State counsel, the applicant-appellant Sitara Singh has already undergone 4 years 8 months and 26 days and applicant-appellant Pati Raj has already undergone 4 years 8 months and 24 days of actual sentence.

The appeals are not likely to mature for hearing in the near future.

Therefore, in the facts and circumstances, the criminal miscellaneous applications are allowed and the sentence of imprisonment of applicants-appellants during the pendency of appeals shall remain suspended and they are admitted to bail subject to their furnishing personal bonds and surety to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.

May 26, 2014 (INDERJIT SINGH) mamta JUDGE Malhotra Mamta 2014.05.26 17:21 I attest to the accuracy and integrity of this document Chandigarh