ORDER

1. Leave granted.

2. The appellant Hardeep Singh was convicted under Section 307 IPC and Section 27 of the Arms Act and was sentenced to three years imprisonment on both the counts while appellants Harjinder Singh and Jaswinder Singh were convicted under Section 307 read with 34 IPC and were sentenced for three years. All the appellants were also convicted under Section 506 IPC and sentenced to one year imprisonment. Their appeal challenging the conviction and sentence namely CRA-S-4013-SB-2018 (O & M) is pending in the High Court of Punjab & Haryana. Their application for suspension of sentence having been rejected, this appeal has been filed by them.

3. While issuing notice on 25.10.2018, this Court granted the benefit under Section 389 CrPC to Harjinder Singh and Jaswinder Singh. Since the appellant Hardeep Singh had not surrendered, the matter was directed to be listed after said appellant had surrendered. The appellant accordingly surrendered on 30.10.2018. He has completed more than two months of actual custody.

4. As per Office Report, copy of notice was issued to the learned Standing counsel for the State.

5. We find that the appellant Hardeep Singh is entitled to sim