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Sucha Singh Langah v. State of Punjab

Leave granted.

(Pinaki Chandra Ghose and Rohinton Fali Nariman, JJ.)

 

Sucha Singh Langah ________________________________ Appellant

 

v.

 

State of Punjab ____________________________________ Respondent

 

Criminal Appeal No. 40 of 2017 [Arising out of SLP (Crl.) No. 5 of 2017], decided on January 5, 2017

 

The Order of the court was delivered by

Order

 

1. Leave granted.

 

2. The appellant, in this case, has come before this Court challenging the order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. No. 37756 of 2016 in Criminal Appeal No. S-999-SB of 2015 whereby the High Court dismissed the Miscellaneous Application preferred by him.

 

3. We have heard Mr. H.P. Raval, learned Senior Counsel appearing for the appellant and Mr. Sanchar Anand, learned Additional Advocate General appearing for the respondent-State of Punjab.

 

4. It is not necessary for us to give the detailed facts in the matter in question as the same is pending consideration before the High Court. The only question which we have to consider is whether the sentence of the appellant can be suspended or not.

 

5. After having heard the learned Counsel appearing for the parties and for the grounds stated in the Special Leave Petition, we are of the considered view that the sentence of the appellant be suspended till the pendency of the appeal before the High Court.

 

6. In view of that, we set aside the order passed by the High Court dismissing the application for suspension of sentence of the appellant herein.

 

7. Accordingly, the appeal insofar as the suspension of sentence is allowed in the afore-stated terms.

 

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5/2017

 

Sucha Singh Langah __________________________________ Petitioner

 

v.

 

State of Punjab ____________________________________ Respondent

 

Date : 05/01/2017 This petition was called on for hearing today.

 

(Before Pinaki Chandra Ghose and Rohinton Fali Nariman, JJ.)

 

For Petitioner(s) Mr. H.P. Raval, Sr. Adv.

 

Ms. Niharika Ahluwali, Adv.

 

Mr. Vaibhav Agnihotri, Adv.

 

Mr. Anando Mukherjee, Adv.

 

Ms. Divya Anand, Adv.

 

MS. Sangeeta Rai, Adv.

 

Mr. Abhishek Atrey, AOR

 

For Respondent(s) Mr. Sanchar Anand, AAG

 

Mr. Apoorv Singhal, Adv.

 

Mr. Rajiv Singhal, Adv.

 

Mr. Kuldip Singh, AOR

 

UPON hearing the counsel the Court made the following

 

Order

 

8. Leave granted.

 

9. The order passed by the High Court dismissing the application for suspension of sentence of the appellant herein is set aside and the appeal insofar as the suspension of sentence is allowed in terms of the signed order.

 

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