CRM-39086-2013 1 in CRA-S-2309-SB-2013 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-39086-2013 in CRA-S-2309-SB-2013 Date of Decision: January 27, 2014 Sumit Passi @ Sonu Applicant-Appellant Versus State of Haryana Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Parminder Singh, Advocate, for the applicant-appellant. Mr. Nitin Kaushal, AAG, Haryana, for the respondent. NARESH KUMAR SANGHI, J.
1. Prayer in this application is for suspension of sentence of the applicant-appellant, Sumit Passi @ Sonu, son of Gauri Shankar, resident of House No. 306/1, Railway Colony, Ambala Cantt., who was held guilty for having committed the offences punishable under Sections 307, 324 and 326, IPC, and ordered to undergo the following sentences:
Under Section Sentence (R.I.) Fine In Default (R.I.) 307, IPC Four years `2,000/- Two months 324, IPC Three years `1,000/- One month 326, IPC Four years `2,000/- Two months All the substantive sentences were ordered to run concurrently.
2. Learned counsel contends that out of the maximum awarded sentence of four years, the applicant-appellant has suffered incarceration for one year and seven months. He further Kapoor Prashant 2014.01.27 17:21 I attest to the accuracy of this order in CRA-S-2309-SB-2013 contends that the applicant-appellant is neither required nor involved in any other case.
3. Learned counsel for the State has not controverted the submissions made by the learned counsel for the applicant- appellant with regard to the period already suffered by petitioner behind the bars.
4. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.
5. Out of the maximum substantive sentence of 4 years, the applicant-appellant has suffered incarceration for 1 year and 7 months. He is neither required nor involved in any other case. 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 facts and circumstances of the case, the present criminal miscellaneous application is allowed. The execution of the remaining substantive sentence of the applicant-appellant, Sumit Passi @ Sonu, son of Gauri Shankar, resident of House No. 306/1, Railway Colony, Ambala Cantt., 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) January 27, 2014 JUDGE Pkapoor Kapoor Prashant 2014.01.27 17:21 I attest to the accuracy of this order