Ajay Kumar @ Mintu vs State of Punjab

Crl. Misc. No. 61304 of 2011 was initially filed for seeking suspension of sentence of imprisonment of applicant/appellant Ajay Kumar alias Mintu. During the pendency of the said Crl. Misc. application, the applicant/appellant Ajay Kumar alias Mintu filed Crl. Misc. No. 7744 of 2012 for taking additional ground i.e. ill-health of his father. Learned counsel for the applicant/appellant on 8.2.2012 submitted that he limits his prayer for interim bail only to the applicant/appellant on account of the ill-health of his father.

Learned counsel for the State has filed affidavit dated 20.2.2012 of Sh. Shammi Kumar, Superintendent of Police Jail, Central Jail, Gurdaspur mentioning the period of imprisonment undergone by the applicant/appellant Ajay Kumar alias Mintu in Court today which is taken on record.

Heard counsel for the parties.

The applicant/appellant Ajay Kumar alias Mintu has been convicted and sentenced for committing the murder of Sarita Lalotra wife of Subash Singh and that of Mehak daughter of Subash Singh.

In terms of the affidavit of Sh. Shammi Kumar, Superintendent of Police Jail, Central Jail, Gurdaspur, the applicant/appellant Ajay Kumar alias Mintu has undergone actual imprisonment of six years, nine months and two days as on 18.2.2012. In terms of the said affidavit, he has availed of parole of 28 days. It is stated that there has been no misuse of bail/parole. In terms of the medical certificate dated 24.1.2012 (Annexure A5) attached with the Crl. Misc. No. 7744 of 2012 it has been certified by Dr. Navdeep Gupta (MD), Medical Specialist, Karan Hospital, Adarsh Nagar, Jalandhar that Sh. Banwari lal son of Narang Lal is suffering from Diabetes Mellitus for long time because of which he has very poor kidney and heart functioning. He has been admitted 5-6 times for past one year with heart ailment. His long term progress is not good and needs regular attendant to look after him. Learned counsel has also shown other medical record of the applicant''s/appellant''s father namely Sh. Banwari Lal including the outdoor and discharge record of Karan Hospital.

Keeping in view the fact that the applicant/appellant Ajay Kumar alias Mintu has undergone actual imprisonment of six years, nine months and two days as on 18.2.2012 as also the fact that he had availed of parole of 28 days, the concession of which he did not misuse, it would be just and expedient to grant him interim bail so as to attend to his father. In the circumstances, the Crl. Misc. applications i.e. CRM No. 61304 of 2011 and CRM No. 7744 of 2012 are allowed to the extent that the sentence of imprisonment of the applicant/appellant Ajay Kumar alias Mintu shall remain suspended for a period of six weeks from his release subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Gurdaspur. The applicant/appellant Ajay Kumar alias Mintu shall also file an undertaking that on the expiry of six weeks, he shall surrender in the Court of learned Chief Judicial Magistrate, Gurdaspur on the date to be fixed by the said Court and in case the applicant/appellant Ajay Kumar alias Mintu fails to do so, the learned Chief Judicial Magistrate, Gurdaspur shall issue non-bailable warrants against him and also notice to his surety and proceed against him.