S.S. Saron, J. - (1.) AFFIDAVIT of Jagjit Singh, Superintendent, District Jail, Karnal mentioning the sentence of imprisonment undergone by the applicant -Appellant No. 1 (Balraj) filed in Court today, is taken on the record.
(2.) HEARD learned Counsel for the parties. The applicant -Appellant No. 1 seeks suspension of sentence during the pendency of the appeal. The applicant -Balraj along with his wife Raj Bala -Appellant No. 2 have been convicted for the offences punishable under Sections 452, 323 and 306 read with Section 34 IPC. They have been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.2000/ -each for the offence under Section 306 read with Section 34 IPC. In default of payment of fine, they have been ordered to undergo further rigorous imprisonment for two months. The Appellants have also been sentenced for the offences under Section 452 and Section 323 IPC for imprisonment for three years and six months respectively; besides have been ordered to pay fine. The sentences have, however, been ordered to run concurrently.
(3.) IN terms of the custody certificate that has been filed in Court, the applicant -Appellant No. 1 (Balraj) up to 20.7.2010 has undergone imprisonment of 1 year, 4 months and 29 days. As on date, he has undergone further imprisonment for about 6 months and has undergone more than 1 -1/2 years of sentence. There is no other case pending against him.;