Joginder Singh @ Kala and Others vs State of Punjab

Prayer in this application is for suspension of sentence imposed upon the applicant.

Counsel for the applicant contends that the applicant is a married woman. Her four and half years old child is mentally challenged and is permanently disabled on account of Cerebral Palsy, as well as various other ailments. Her child cannot survive without her, as he requires special care, which no other person can provide.

Taking note of the aforementioned assertions, a report was called for from the Superintendent, District Jail, Hoshiarpur, as regards the applicant''s son.

Counsel for the State of Punjab has submitted a report dated 7.2.2007. Appended thereto is a certificate issued by Guru Nanak Mission Hospital, Nawan Shahar, stating therein that Navjot Singh aged four years and six months is mentally retarded and suffers from Cerebral Palsy, as also other disabilities. It is specifically mentioned in the certificate that he is unable to do his routine activities and is dependent upon his mother for the same.

In view of the aforementioned certificate, we are satisfied that the applicant''s minor child, is mentally challenged and requires the presence of her mother. Consequently, during the pendency of the appeal, the sentence imposed upon the applicant Smt. Parminder Kaur @ Paramjit Kaur @ Pammi wife of Kamaljit Singh, resident of Ward No. 12, Tanda, District Hoshiarpur, shall remain suspended, subject to her furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Hoshiarpur.