- (1.) COUNSEL for the applicant -appellant submits that even if allegations levelled by the prosecution are accepted as true, the alleged occurrence was the result of sudden fight and, therefore, cannot possibly attract conviction and sentence under Section 302 of the Indian Penal Code. It is further submitted that as the appellant has already undergone 5 years and 1 month of actual imprisonment and the appeal is not likely to be heard in the near future, the sentence may be suspended.
(2.) COUNSEL for the the State of Punjab has filed the appellant's custody certificate, dated 07.11.2011, which clearly establishes that the appellant has undergone actual imprisonment of 5 years and one month, as of date. Taking into consideration the totality of the circumstances, particularly the sudden quarrel and the fact that the appellant has undergone more than 5 years and one month, the sentence imposed upon the appellant -Sukhdev Singh @ Sukha son of Hazura Singh, resident of Village Bhangwan, Tehsil Ajnala, district Amritsar, shall remain suspended during pendency of appeal, subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar.;