MAHESH GROVER,SUDIP AHLUWALIA, JJ. - (1.) This is an application under Section 389 Cr. P.C praying for suspension of sentence of the applicant -Rano Bai who has been convicted and sentenced to undergo RI for life in case FIR no. 75 dated 20.6.2011 registered under Sections 307, 341, 323, 148, 149 IPC and Section 27 of the Arms Act at Police Station Makhu.
(2.) The incident reveals a dispute over a trivial matter which culminated in the death of the deceased wherein the applicant has been attributed the role of making exhortation (raising Lalkara). It is contended that it is a case of false implication and the prosecution has named the applicant merely to enlarge the arena of accused. Besides it is contended that the applicant was found innocent by the police during its investigation but was forced into trial under Section 319 Cr.P.C. It is thus contended that noticing these facts as also the fact that applicant has been attributed a role of raising a Lalkara and the fact that the appeal being of the year 2015 is not likely to be heard in the near future, applicant deserves the concession of suspension of sentence. It is further contended that the applicant has already undergone imprisonment for a period of 1 year 4 months and 6 days out of the total substantive sentence of life awarded to her.
(3.) CRM no. 10743 of 2016 in The period of custody is not disputed by the learned State counsel who has placed on record the custody certificate of the applicant, but he states that the applicant does not deserve the concession of bail.;