204 CRM-20186-2021 in CRA-D-1595-DB-2014

DHANWINDER SINGH @ KAKU

VS

STATE OF PUNJAB AND ORS

Present: Mr. Narinder Singh, Advocate

for the applicant-appellant.

Ms. Monika Jalota, DAG, Punjab.

Mr. V.S. Rana, Advocate for the complainant.

(Proceedings Through V.C.)

*****

It has been brought to the notice of this Court by learned

counsel for the complainant that an earlier application i.e. CRM-25265-

2018, seeking suspension of sentence, filed during the pendency of the

present appeal, is still pending. During the pendency of the said

application, another application i.e. CRM-20186-2021 has also been

preferred by the applicant-appellant seeking suspension of sentence.

Counsel for the applicant-appellant prays for withdrawal of

the subsequent application i.e. CRM-20186-2021.

In view of the above, CRM-20186-2021 is dismissed as

withdrawn.

In view of the oral request made by learned counsel for the

applicant-appellant, CRM-25265-2018 is taken on Board for

consideration.

CRM-25265-2018

Prayer in this application is for suspension of sentence of

the applicant-appellant-Dhanwinder Singh @ Kaku S/o Chamkaur

Singh.

1 of 3
::: Downloaded on - 27-01-2022 17:01:58 :::
 CRM-20186-2021 in CRA-D-1595-DB-2014 -2-

Custody certificate dated 27.01.2022 filed by the learned

State counsel received through e-mail is taken on record.

Counsel for the applicant-appellant contends that the

applicant-appellant has undergone actual custody period of 06 years, 07

months and 24 days out of which actual custody after conviction is 05

years, 02 months and 20 days. Counsel for the applicant-appellant

contends that in light of the custody period already undergone, the

sentence of the applicant-appellant deserves to be suspended and that the

case of the applicant-appellant is covered by the ratio of judgment in

“Dharam Pal Vs. State of Haryana, 1999 (4) RCR (Criminal), 600”.

He asserts that the appeal is not likely to be heard in the near future

especially in the prevailing circumstances and therefore, he may be

granted the benefit of suspension of sentence during the pendency of the

appeal.

On the other hand learned counsel for the State as well as

counsel for the complainant have opposed the prayer made in this

application for suspension of sentence by asserting that the applicant-

appellant has killed his own brother and there is ample evidence to

substantiate the same. On this premise, learned State counsel as well as

learned counsel for the complainant pray for dismissal of the present

application.

We have considered the submissions made by the learned

counsel for the parties and also gone through the ratio of law laid down

in “Dharam Pal's case (supra)”. There is no other case pending against

the applicant-appellant. Keeping in view the fact that the applicant-

2 of 3
::: Downloaded on - 27-01-2022 17:01:58 :::
 CRM-20186-2021 in CRA-D-1595-DB-2014 -3-

appellant has already availed parole of 02 years, 01 month and 26 days

without there being any incident whatsoever during the said period.

In the light of the above, the applicant-appellant deserves to

be granted the benefit of suspension of sentence by accepting the

application of the applicant-appellant during the pendency of the appeal.

Accordingly, the present application is allowed and

applicant/appellant-Dhanwinder Singh @ Kaku S/o Chamkaur Singh is

ordered to be released on bail subject to the satisfaction of the Chief

Judicial Magistrate/Duty Magistrate, Patiala.

(AUGUSTINE GEORGE MASIH)

JUDGE

(JASJIT SINGH BEDI)

JUDGE
27.01.2022
JITESH

3 of 3
::: Downloaded on - 27-01-2022 17:01:58 :::