NARESH KUMAR SANGHI, J. - (1.) PRAYER in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant -appellant, Surjit Kumar alias Jeet, S/o Mohinder Ram, S/o Bhagwana, R/o Village Hiyatpur Barra, Police Station, Noorpur Bedi, District Ropar, who had been held guilty for having committed the offences punishable under Sections 363, 366A and 376(2)(g), IPC, and ordered to undergo the following sentences: Under Section Sentence (R.I.) Fine (in ') In Default (R.I.) 363, IPC 2 years 5,00/ - 15 days 366A, IPC 3 years 1,000/ - 1 month 376(2)(g), IPC 10 years 5,000/ - 3 months
(2.) ALL the substantive sentences were ordered to run concurrently. Learned counsel for the applicant -appellant submits that it is the 3rd application seeking suspension of sentence; earlier two applications were dismissed as withdrawn in the year 2012 -13; now the applicant -appellant has suffered incarceration for approximately five years; he is neither required nor involved in any other case and there are fairly arguable points in the appeal. Learned counsel for the State very fairly conceded that the applicant -appellant is neither required nor involved in any other case and he has suffered incarceration for 4 years and approximately 11 months. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
(3.) THERE are fairly arguable points in the appeal. The applicant -appellant has suffered approximately half of the sentence. Final adjudication of the appeal would take some time. Without commenting much on the merits of the case, the present application is allowed. Execution of the remaining substantive sentence of the applicant -appellant, Surjit Singh alias Jeet, S/o Mohinder Ram, S/o Bhagwana, R/o Village Hiyatpur Barra, Police Station, Noorpur Bedi, District Ropar, is ordered to be suspended during pendency of the appeal subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana.;