RAJBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application under Section 389 Cr. P.C praying for suspension of sentence of the applicant -Rajbir Singh who has been convicted and sentenced to undergo RI for life in case FIR no. 266 dated 26.7.2011 registered under Sections 302, 201, 452, 323 read with Sections 34 and 506 IPC at Police Station Indri, Karnal.

(2.) Learned counsel for the applicant contends that there is no evidence against the applicant.

(3.) We notice that the matter was investigated by the Special Investigating Team after the police had allegedly conducted a shoddy investigation. Even as per the investigation of the Special Investigating Team, we find that there is hardly any evidence against the applicant and the whole conviction has been recorded largely after dis -believing the plea of alibi raised by the applicant and presuming this fact against him. Prayer is opposed by the learned State counsel who has contended that there is sufficient material to sustain the conviction and has placed on record the custody certificate of the applicant to show that he has hardly undergone imprisonment for a period of 2 months and 15 days out of the total substantive sentence awarded to him, After hearing learned counsel for the parties, we are of the opinion that there is no doubt that period of custody undergone by the CRM no. 11746 of 2016 in applicant is highly inadequate but so is the evidence. We would however not dilate on this issue any further, lest it prejudice the outcome of the appeal. Suffice it to say that merely because plea of alibi is dis -believed would not ipso facto lead to a conclusion of culpability of the applicant. Hence, instant application is allowed. It is directed that the sentence of the applicant - Rajbir Singh shall remain suspended during the pendency of appeal, subject to his furnishing bail/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Karnal.