The court may grant suspension of sentence during the pendency of appeal based on the age of the accused and the likelihood of the appeal taking time for final disposal.

M.M. Kumar, J. - This is an application seeking suspension of sentence during the pendency of appeal in respect of three accused, namely, Baldev Singh, Rajinder Singh and Tejinderpal Singh. All the accused have been convicted under Section 304 Part II Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years along with fine. On 9.9.2003, the application filed by the applicants was dismissed as not pressed.

2. Mr. A.P.S. Deol, learned counsel for the applicants has argued that Rajinder Singh and Tejinderpal Singh have already undergone one year four months of sentence and on the date of commission of the offence, they were less than 21 years of age. According to the learned counsel, once the sentence is 10 years or less than 10 years and the accused is less than 21 years of age, then he may be entitled to the benefit of Probation of Offenders Act, 1958 (for brevity, the Act). He has drawn my attention to a judgment of the Supreme Court in the case of Mohammad alias Biliya v. State of Rajasthan, (2000) 10 SCC 486. The learned counsel has argued that Baldev Singh has already undergone one year and six months of sentence and would be entitled to the grant of bail during the pendency of the appeal because on merits he is likely to be acquitted and the appeal is likely to take some time for final disposal.

3. After hearing the learned counsel, I am of the considered view that the prayer made in the application in respect of Rajinder Singh and Tejinderpal Singh is liable to be accepted. At this stage, it is not possible to express any considered opinion as to whether the benefit of the Probation of Offenders Act, 1958 could be given to Rajinder Singh and Tejinderpal Singh. However, considering the fact that the appeal is likely to take some time and they had already undergone one year and four months of sentence, along with the fact that at the time of commission of the offence, they were less than 21 years of age, it would serve the ends of justice if they are granted bail during the pendency of the appeal. Accordingly, it is directed that their sentence shall remain suspended. Bail to the satisfaction of Chief Judicial Magistrate/Deputy Magistrate, Moga. However, I do not find any ground to suspend the sentences of Baldev Singh and his application is dismissed.

4. No stay with regard to fine.

Application dismissed.