Harmanjot Singh vs State Of Punjab
2024 Latest Caselaw 7691 P&H

Punjab-Haryana High Court

Harmanjot Singh vs State Of Punjab on 10 April, 2024

                                Neutral Citation No:=2024:PHHC:049592




134                                                  2024:PHHC:049592

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                 CRR-701-2024 (O&M)

HARMANJOT SINGH
                                                      .....PETITIONER

                                 VERSUS
STATE OF PUNJAB                                      .....RESPONDENT

Present: Mr.Ravi Singh, Advocate, for the petitioner.

Mr. Rajiv Verma, DAG, Punjab.

CRM-15423-2024

Prayer in the present application is for suspension of

sentence of the petitioner during the pendency of the present appeal.

Learned counsel for the petitioner submits that the petitioner

was ordered to be sentenced to undergo rigorous imprisonment for a

period of six months under Section 323 IPC.

Notice in the application.

On the asking of the Court, Mr. Rajiv Verma, DAG, Punjab

accepts notice on behalf of the respondent-State, who does not controvert

the aforesaid fact.

In view of the fact that the conclusion of revision petition

shall take long time, no useful purpose would be served by keeping the

applicant/appellant behind the bars for an indefinite period.

Accordingly, the present application is allowed and the

sentence of the petitioner is ordered to be suspended during the pendency

of instant revision petition subject to his furnishing personal/surety bonds

to the satisfaction of learned trial Court/Duty Magistrate, concerned.

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Neutral Citation No:=2024:PHHC:049592

134 2024:PHHC:049592

CRR-701-2024 (O&M) -2-

Ordered accordingly.

CRR-701-2024

The instant revision petition has been filed against the

judgment dated 29.01.2024 passed by Additional Sessions Judge,

Rupnagar whereby, the judgment of conviction and order of sentence

dated 17.09.2019 has been upheld.

It has been contended by learned counsel for the petitioner

that the trial Court as well as Appellate Court have failed to prove the

motive behind the present FIR as it is an admitted fact that the work of

drainage has been started by the Panchayat and resolution regarding the

same was proved on record by way of examination of Kulwinder Singh

as DW-1 and DW-2 Rajwant Kaur has also deposed in the same manner.

It is further contended that Darshan Singh who allegedly brought the

injured to the hospital has not been examined by the prosecution as his

name was not mentioned in the list of witnesses. Moreover, during the

investigation Darshan Singh has categorically submitted that nobody has

beaten Dhian Singh complainant. No specific injury has been attributed

to the present petitioner which would attract under Section 323 IPC.

Notice of motion in the revision petition.

On the asking of the Court, Mr. Rajiv Verma, AAG, Punjab

accepts notice on behalf of the respondent-State, who seeks time to get

instructions.

Adjourned to 15.05.2024.

(SANDEEP MOUDGIL) 10.04.2024 JUDGE Anu

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