Abid and Sahun vs State of Haryana

Jaswant Singh, J.—Prayer is for suspension of sentence on behalf of the applicants-Appellants Abid and Sahun who have been convicted and sentenced to undergo rigorous imprisonment for a period of 1-1/2 year each with fine of Rs. 2000/- each for offence punishable u/s 379 IPC, further directed to undergo rigorous imprisonment for a period of 5 years each with fine of Rs. 5000/- each for offence punishable u/s 467 IPC, further directed to undergo rigorous imprisonment for a period of 04 years each with fine of Rs. 4000/- each for offence punishable u/s 468 IPC, further directed to undergo rigorous imprisonment for a period of 1-1/2 year each with fine of Rs. 2000/- each for offence punishable u/s 471 IPC, further directed to undergo rigorous imprisonment for a period of 01 year each with fine of Rs. 500/- each for offence punishable u/s 4 of the Cow Slaughter Act and applicant-Appellant Sahun is further directed to pay a fine of Rs. 1000/- for offence punishable u/s 192(1) of the Motor Vehicle Act.

Learned Counsel for the applicant-Appellants submits that out of the maximum 05 years of sentence both the Appellants have undergone almost one year and 9 months and the appeal is not likely to be heard in near future.

Learned State Counsel has argued that the nature of offence for which the Appellants have been convicted no ground for suspension of sentence of the applicants-Appellants is made out.

After hearing learned Counsel for the parties and keeping in view the fact that both the Appellants have undergone almost more than 1/3rd of their respective sentences and appeal is not likely to be heard in near future, the sentence of the applicants-Appellants Abid and Sahun are suspended. It is ordered that applicants-Appellants Abid and Sahun be admitted to bail subject to the satisfaction of the CJM/Duty Magistrate, Faridabad.