Naresh Kumar Sanghi, J.@mdashPrayer in this application is for suspension of sentence of appellant Nos. 3 and 4, namely, Manoj Singh @ Nikku and Sarabjit Singh @ Kukkar, respectively, who were held guilty for the offences punishable under Sections 148, 307, 324 read with Section 149, IPC and Section 25 of the Arms Act, and ordered to undergo the following sentences:
All the substantive sentences were ordered to run concurrently.
2. Learned counsel contends that applicant/appellant Nos. 3 and 4 have suffered incarceration for approximately two years; and that the injury attracting the mischief of Section 307, IPC, has not been attributed to them.
3. Learned counsel for the State has produced the affidavits of the Superintendent, Central Jail, Bathinda, showing the period of incarceration suffered by the applicants. A perusal of the same reveals that both the applicants have suffered incarceration of 01 year, 11 months and 15 days as on date. The applicants have not been attributed the injury, attracting the mischief of Section 307, IPC. Keeping in view the totality of the facts and circumstances of the case, the period of incarceration suffered by the applicants/appellants and the role assigned to them, the present application is allowed. The remaining substantive sentence of applicant Nos. 3 and 4, namely, Manoj Singh @ Nikku, s/o Gulab Singh, r/o Partap Nagar, Gali No. 29, Bathinda, and Sarbjit Singh @ Kukkar, s/o Atma Singh, r/o Chandsar Basti, Bathinda, is ordered to be suspended during the pendency of the present appeal, subject to their furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Bathinda.
