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High CourtsSingle Bench(2010) 03 P&H CK 0154

Jagmohan Singh and Others vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 15 March 2010

HON’BLE JUDGES
S.S. Saron, J
RESULT
Dismissed

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Judgment

9 paragraphs · 373 words

S.S. Saron, J.—Heard learned Counsel for the parties.

2.

Applicants-appellants No. 1 and 2-Jagmohan Singh and Avtar Singh son of Gujjar Singh seek suspension of sentence during the pendency of the appeal.

3.

The applicants-appellants have been convicted and sentenced to rigorous imprisonment for seven years.

4.

As per custody certificate filed in Court today, applicant-Jagmohan Singh has misused the concession of parole for 6 months and 11 days. He was granted four weeks parole on 30.8.2008. He was to surrender in Jail on 28.9.2008 but he was admitted in Jail under Police custody on 8.4.2009. He had absconded for six months and 11 days and complaint case for the offence punishable u/s 9(c) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 stands registered against him. In the said case he has been sentenced to rigorous imprisonment for two months.

5.

Keeping in view the fact that the applicant-Jagmohan Singh had absconded, no ground is made out for suspending the sentence of imprisonment.

6.

As far as applicant-Avtar Singh son of Gujjar Singh is concerned, he was convicted for the offences under Sections 489-A, 489-B, 489-C and 489-D IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 18,000/- and in default of payment of fine to undergo rigorous imprisonment for three years and six months.

7.

In terms of the custody certificate, he has undergone 1 year, 5 months and 13 days imprisonment till 13.5.2009. Another case i.e. FIR No. 29 dated 1.2.2003 is registered against him at Police Station City Moga for the offence u/s 420 IPC. He is on bail in the said case. He had remained absent from parole for one day.

8.

As per allegations against him three fake Indian currency notes of the denomination of Rs. 500/-, 10 fake Indian currency notes of the denomination of Rs. 100/- and 2 fake Indian currency notes of the denomination of Rs. 50/- were recovered from him. Keeping in view the another FIR and also the misuse of concession of parole, no ground for suspension of sentence is made out in respect of Avtar Singh son of Gujjar Singh also.

9.

Accordingly, the criminal miscellaneous petition is dismissed at this stage.