Vinod Kumar Bhatti vs State of Punjab

Gurmit Ram, J. - This is the second application for suspension of sentence of imprisonment on behalf of applicant/appellant-Vinod Kumar Bhatti during the pendency of the appeal.

Learned State counsel has placed on record custody certificate in respect of applicant/appellant-Vinod Kumar Bhatti, copy of which has been supplied to the opposite counsel. The same is taken on record.

As per the custody certificate the applicant/appellant has already undergone actual sentence of one year, seven months and six days out of R.I. for ten years. Then as per custody certificate no other criminal case is pending against the applicant/appellant.

It is submitted by learned counsel for the applicant/appellant that during trial of the case, he was on bail. It is further submitted by learned counsel for the applicant/appellant that he (applicant/appellant) is suffering from various diseases. In support of his contention he has referred to proceedings of Medical Officer, Central Jail, Hoshiarpur (Anneuxre R-2) which reads as under:-

"Patient is a case of bilateral thrombophlebitis of both lower limbs with suspected deep vein thrombosis. Filariasis is to be ruled out by biopsy by PGI people. Patient was already admitted in Civil Hospital Hoshiarpur for dyspnoea and pain abdomen. On USG gall stones were found and cholicystectomy was done in Civil hospital Hoshiarpur. Later on, patient was referred to PGI Chandigarh in cardiothoracic department to rule out DVT where biopsy was taken and he is still under follow up PGI Chandigarh."

The appeal is not likely to mature for hearing in the near future. Therefore, it would be just and expedient in the facts and circumstances of case to suspend the sentence of imprisonment of the applicant/appellant during the pendency of the appeal. Consequently, applicant/appellant-Vinod Kumar Bhatti be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of learned CJM / Duty Magistrate, Hoshiarpur.