- (1.) This is an application under Section 389 Cr. P.C praying for suspension of sentence of the applicant - Sandeep Singh @ Toti who has been convicted and sentenced to undergo RI for life in case FIR no. 69 dated 21.7.2013 registered under Sections 148, 302, 149 IPC at Police Station Mehta, Amritsar.
(2.) The allegations as set out in the prosecution version are that the deceased (aged about 2 1/2 years) who was accompanying his father was waylaid by number of persons who came on motor cycle armed with kirpan, base ball bats and hockey sticks. Ostensibly the target was father but the fatal blow with a kirpan attributed to Kulbir Singh landed on the head of the deceased causing his death. The allegations against the applicant is that he was armed with base ball bat but no allegations of beating have been attributed to him. Learned counsel for the applicant contends that in view of the aforesaid fact when no specific role has been attributed to him and the fact that he has already undergone imprisonment for a period of 2 years 15 days out of the total substantive sentence awarded to him and also the fact that his co -accused namely Malkeet Singh who was similarly placed as the applicant having been granted similar concession, he deserves the indulgence of suspension of sentence. CRM no. 15496 of 2016 in Prayer is opposed by the learned State counsel who has referred to the facts of the case and the death of a minor child. He, however, does not dispute the custody period of the applicant and has placed on record his custody certificate.
(3.) After hearing learned counsel for the parties, we are of the opinion that the applicant is almost similarly placed as Malkeet Singh who has been granted concession of suspension of sentence by this Court with no specific role of causing injury having been attributed to him and also noticing the fact that the appeal being of the year 2014 is not likely to be heard in the near future, instant application is allowed. It is directed that the sentence of the applicant - Sandeep Singh @ Toti 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, Amritsar.;