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(2021) Law Today Live Doc. Id. 16296
CRA-S-2164 of 2019
Decided on: 05.07.2021
Present:
Mr. Arun Singla, Advocate for the applicant-appellant(s).
Mr. Luvinder Sofat, AAG, Punjab.
(Through Video Conferencing)
Indian Penal Code, 1860 (45 of 1860), Sections 366 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Suspension of sentence –Applicant has undergone 03 years, 05 months and 11 days including remission, out of the maximum substantive sentence of 10 years under 366 of IPC and Section 6 of the POCSO Act, 2012 – Applicant-appellant is not shown to be involved in any other cases as on date – Appeal is of the year 2019, it is not likely to be heard in near future -- Without commenting upon the merits of the case, the sentence suspended during the pendency of this appeal.
(Para 4, 5)
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1. This is an application under Section 389 Cr.P.C., for suspension of sentence of the applicant-appellant, during the pendency of the present appeal, who has been convicted and sentenced to undergo RI for a period of 10 years in case FIR No. 39, dated 08.05.2018, under Sections 376, 363, 366 IPC and Section 4/6 of the POCSO Act, 2012, registered at P.S. Rajasansi, Amritsar.
2. Learned State counsel has produced the custody certificate dated 05th July, 2021, of Chandra @ Chander Partap S/o Sarju Parkash, applicant-appellant, in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at the appropriate place.
3. Copy thereof has been handed over to the learned counsel for the applicant-appellant.
4. As per the custody certificate, the applicant has undergone 03 years, 05 months and 11 days including remission, out of the maximum substantive sentence of 10 years under 366 of IPC and Section 6 of the POCSO Act, 2012. As per the custody certificate, the applicant-appellant is not shown to be involved in any other cases as on date.
5. The appeal is of the year 2019. It is not likely to be heard in near future. Without commenting upon the merits of the case, the sentence imposed by the trial Court upon the applicant-appellant stands suspended during the pendency of this appeal and he is ordered to be released on bail on execution of bail and surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Amritsar.
6. The application stands allowed.
Application allowed.
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