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(2021) Law Today Live Doc. Id. 16275
in CRA-S-913 of 2020
Decided on: 25.06.2021
Present:
Mr. Akshay Rana, Advocate for the applicant/appellant No.2.
Mr. Ajay Pal Singh Gill, DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 363, 376, 120-B – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Immoral Traffic (Prevention) Act, 1956 (104 of 1956), Sections 4, 5, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Suspension of sentence – Applicant undergone sentence of 3 years, 11 months and 23 days out of 7 years -- No other case pending against him -- Appeal being of the year 2020 is not likely to be heard in near future, so taking into consideration the period undergone and the attending circumstances and the fact that sentence of co-accused of applicant has already been suspended, sentence of applicant/appellant No.2 suspended during the pendency of the appeal.
(Para 5, 6)
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1. Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. By way of present application filed under Section 389 Cr.P.C. prayer has been made for suspending the sentence of applicant/appellant No.2 namely, Rohit who has been convicted and sentenced in a case FIR No.100 dated 28.09.2017, under Sections 363, 376, 120-B of the Indian Penal Code; Section 3 of SC/ST Act and Sections 4, 5, 6 of Immoral Trafficking Act, registered at Police Station Nurpur Bedi.
3. Learned counsel for the applicant/appellant No.2 contends that the applicant/appellant No.2 was convicted by the learned Additional Sessions Judge, Rupnagar vide his order dated 20th January, 2020 for the offence under Section 376 of the Indian Penal Code and sentenced for 07 years rigorous imprisonment with fine of Rs.10,000/- and further 05 years rigorous imprisonment with fine of Rs.5,000/- under Section 120-B IPC. He has further contended that co-convict namely, Pooja Devi was sentenced for 07 years rigorous imprisonment under Section 366 IPC with fine of Rs.10,000/-, 05 years rigorous imprisonment each under Sections 370, 120-B IPC and under Section 5 of Immoral Trafficking (Prevention Act) 1956 with fine of Rs.5,000/- each, 02 years rigorous imprisonment with fine of Rs.1,000/- as fine under Section 4 of Immoral Trafficking (Prevention Act), 1956. He has submitted that sentence of his co-convict Pooja Devi has already been suspended by this Court vide order dated 15.03.2021 and hence the sentence of the applicant be also suspended. He further submits that applicant/appellant No.2 has already undergone almost 04 years out of 07 years awarded sentence and there is no other case pending against the applicant/appellant No.2 elsewhere.
4. Learned State counsel has placed on record the custody certificate dated 25th June, 2021 and has opposed the grant of suspension of sentence to the applicant/appellant No.2.
5. A perusal of the same shows that the applicant/appellant No.2 has undergone a sentence of 03 years, 11 months and 23 days as on 24th June, 2021 and there is no other case pending against him as contended by counsel for the applicant/appellant No.2.
6. The appeal being of the year 2020 is not likely to be heard in near future, so taking into consideration the period undergone and the attending circumstances and the fact that sentence of co-accused of applicant has already been suspended, I feel it appropriate to suspend the remaining sentence of the applicant/appellant No.2 during the pendency of the present appeal. Ordered accordingly. Bail to the satisfaction of the concerned Chief Judicial Magistrate/Illaqa Magistrate. Application stands allowed.
Application allowed.
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