Ex. Lance Dafadar Narinder Singh, Army No. 1548244n v. Central Government And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH *** Date of Decision: 13.05.2024 Ex. Lance Dafadar Narinder Singh, Army No.1548244N ....Petitioner

Versus

Central Government and others ....Respondents CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. G.S. Ghuman, Advocate for the petitioner.

Mr. Rohit Verma, Advocate for respondents No.1 to 4-UOI.

Mr. Saurav Arora, Addl. A.G, Punjab.

*** SUDHIR SINGH, J. (Oral) 1.

The petitioner has filed the instant petition under Article 226 read with Article 227 of the Constitution seeking issuance of writ in the nature of Mandamus for directing the respondents to grant the concession of suspension of sentence and to enlarge the petitioner to bail under Section 15

(6) (e) of the Armed Forces Tribunal Act, 2007 read with Section 389 of the Code of Criminal Procedure during the pendency of the appeal.

2.

The petitioner was convicted under Section 69 of the Army Act, and vide order of sentence dated 20.07.2016 (Annexure A-4A), he was sentenced to undergo life imprisonment.

3.

Custody certificate dated 06.05.2024 has been tendered, in course of hearing, by learned State counsel. The same is taken on record. 4.

The case of the prosecution was that the deceased found the petitioner doing unnatural sex as a result whereof, a scuffle took place, in which, the petitioner had fired three rounds upon the deceased. The deceased succumbed to the injuries suffered. The petitioner was convicted and sentenced, as noticed above.

5.

Learned counsel for the petitioner has submitted that the petitioner has already undergone an actual sentence of 08 years, 09 months and 03 days (as on 06.05.2024). Appeal is not likely to be taken up in near future. It has been further submitted that the petitioner never misused the benefit of parole granted to him. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in "Ash Mohammad versus Shiv Raj Singh and others (2012) 9 SCC 446" wherein it has been held that period of custody is relevant factor for considering suspension of sentence. Reliance has also been placed upon "Bhagwan Rama Shinde Gosai and Others Vs. State of Gujarat (1999) 4 SCC 421", wherein the Hon'ble Supreme Court has held that suspension of sentence can be considered by the Appellate Court liberally unless there are exceptional circumstances.

6.

Learned State counsel has opposed the prayer for grant of bail to the petitioner.

7.

In view of the aforesaid facts and circumstances and considering the fact that the petitioner has already undergone actual sentence of 08 years, 09 months and 03 days (as on 06.05.2024) and the appeal is not likely to be taken up for hearing in near future, we deem it appropriate to suspend the sentence of the petitioner. Consequently, the petition is allowed and sentence of the petitioner, is suspended during the pendency of the appeal. He shall be released on bail subject to his furnishing bonds to the satisfaction of the Chief Judicial Magistrate, Hoshiarpur/Registrar, Armed Forces Tribunal Regional Bench, Chandigarh.

8.

It is made clear that the observations made above shall not be construed as an expression of opinion on the merits of the case. 9.

Accordingly, the instant petition stands disposed of. 10.

All pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (HARSH BUNGER) JUDGE 13.05.2024 Himani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No