Ashok Kumar vs State Of Punjab
2024 Latest Caselaw 8227 P&H

Punjab-Haryana High Court

Ashok Kumar vs State Of Punjab on 19 April, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

           CRR-2310-2023                                                    -1-
                                                                      2024:PHHC:053007

           234          IN THE HIGH COURT OF PUNJAB AND HARYANA
                                        AT CHANDIGARH

                                                             CRR-2310-2023
                                                             Decided on : 19.04.2024

           Ashok Kumar                                                  ...... Petitioner

                                                    Versus

           State of Punjab                                              ...... Respondent

           CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

           Present :           Mr. C.S.Rana, Advocate
                               for the petitioner.

                               Mr. Iqbalpreet Singh, AAG, Punjab.
                                                 ****

           Manjari Nehru Kaul, J.(Oral)

1. Instant revision petition has been filed impugning the order

dated 23.08.2023 passed by learned Addl. Sessions Judge, Ludhiana

vide which an application filed by the petitioner under Section 389(1)

Cr.PC was dismissed.

2. Learned counsel for the petitioner inter alia contends that

initially, vide judgment dated 06.04.2023 the petitioner was convicted

along with other accused under Sections 177, 200. 420, 465, 467, 468,

471 and 120-B IPC and sentenced to undergo rigorous imprisonment for

a period of two years. Subsequently, the petitioner preferred an appeal

before learned Addl. Sessions Judge, Ludhiana, which is still pending

adjudication. While drawing the attention of this Court to the order dated

23.08.2023, it has been submitted that his prayer for suspension of

sentence was erroneously declined by the learned Appellate Court only

on the ground that the petitioner was involved in some other criminal

2024:PHHC:053007

cases. Learned counsel has urged that since he has already undergone

an imprisonment of more than one year and three months out of

substantive sentence of two years, his further incarceration would serve

no useful purpose as there is no likelihood of the appeal being heard in

the near future.

3. Per contra, learned State counsel while placing on record the

custody certificate of the petitioner has not disputed the factum of the

petitioner having undergone a sentence of more than one year and three

months out of total sentence of two years.

4. I have heard learned counsel for the parties and perused the

material placed on record.

5. As not disputed by the learned State counsel, the petitioner

has already undergone substantial amount of sentence of one year three

months and 22 days out of total sentence of two years. The appeal is still

pending adjudication before the Appellate Court and there is no likelihood

of it being heard in the near future.

6. In the facts and circumstances and keeping in view the long

period of custody of the petitioner, instant revision petition is allowed. The

sentence of imprisonment of the applicant-petitioner shall remain

suspended during pendency of the appeal, subject to his furnishing bail

bonds/surety bonds to the satisfaction of the Appellate Court concerned.

           19.04.2024                                       (MANJARI NEHRU KAUL)
           sonia                                                     JUDGE
                               Whether speaking/reasoned:   Yes/No
                               Whether reportable :         Yes/No