Niranjan Singh vs State of Haryana

S.S. Saron, J.—Heard counsel for the parties.

The applicant/Appellant seeks suspension of sentence of imprisonment during the pendency of the appeal.

The applicant/Appellant has been convicted by the learned Special Court for the offence u/s 377 IPC. He has been acquitted for the offence

punishable u/s 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per the affidavit dated 15.7.2010 of Sh.

Jaidev Bishnoi, Superintendent Central Jail, Hisar, the applicant/Appellant till 14.7.2010 has undergone imprisonment of 9 months and 17 days. As

on date, the applicant/Appellant has undergone imprisonment of about one and a half years out of the sentence of 7 years.

According to the learned Counsel for the applicant/Appellant, the victim was examined by the prosecution as PW11 and he did not support the

prosecution version and the trial Court has not taken into account the said fact and has wrongly convicted the applicant/Appellant. The complainant

was examined as PW9 who, it is stated, falsely deposed against the applicant/Appellant due to party faction in the village. The applicant/Appellant

had filed an application u/s 311 Code of Criminal Procedure for re-examination of the complainant which application was dismissed on 4.3.2010 a

day earlier to the final decision of the case. It is submitted that the applicant/Appellant filed an application u/s 175 (1) read with Section 51 of the

Panchayati Raj Act for the removal of the Sarpanch of the village on the ground that the husband and sons of Smt. Gurjeet Kaur wife of Sh. Telu

Singh had encroached upon the village Karandi Panchayat Land. Copy of the order dated 9.2.2010 (Annexure A1) passed by the Financial

Commissioner and Principal Secretary to Government, Haryana, Development and Panchayat, Chandigarh has been placed on record. In any

case, it is submitted that the matter has now been compromised in terms of the compromise dated 2.3.2010 (Annexure A3). The complainant

(PW9) has deposed affidavit dated 2.4.2010 (Annexure A2) regarding the compromise in the Panchayat.

The effect of the compromise and the contentions as raised are to be considered and gone into at the time of final hearing of the appeal. The

applicant/Appellant, as on date, has undergone sentence of imprisonment of about one and a half years out of seven years. The appeal is not likely

to mature for hearing in the near future.

In the facts and circumstances, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/Appellant, during the

pendency of the appeal, shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial

Magistrate, Fatehabad.