Mr. Naresh Kumar Sanghi, J.: - Prayer in this application is for suspension of sentence of applicant/appellant No.3-Kamla, who was held guilty for the offences punishable under Sections 304-B and 498-A, IPC read with Section 34, IPC and sentenced to undergo rigorous imprisonment under different sections as under:-

-----------

Offence Imprisonment Fine Punishment in default of

payment of fine

-----------

Under Section Rigorous Rs.10,000/- Imprisonment for six months

304-B, IPC imprisonment

for 10 years

Under Section Rigorous Rs.500/- Imprisonment for one month

498-A, IPC imprisonment

for 03 years

-----------

Both the sentences were ordered to run concurrently.

2. Learned counsel for applicant/appellant No.3 submits that Kamla has suffered incarceration for 04 years and approximately 03 months. He further submits that there are fairly arguable points in the appeal. Though, the appeal has been shown on the regular board yet the same is not likely to be heard and disposed of in near future in view of the heavy roster. He further submits that the similarly situated accused of the applicant has already been extended the benefit of suspended sentence by this Court vide order dated 07.08.2012. He further submits that the son of the applicant is also behind the bars in this very case.

3. Learned counsel for the State has produced the affidavit of Jai Dev Bishnoi, Superintendent, B.I. & J. Jail, Hisar, showing the custody period undergone by applicant/appellant Kamla, which is taken on record.

4. Perusal of the affidavit reveals that applicant/appellant no.3-Kamla, has suffered incarceration for 04 years, 03 months and 21 days as on date. It further reveals that the applicant who is a lady, is neither required nor involved in any other case.

5. Heard.

6. There are fairly arguable points in the appeal. Though the appeal is on regular board yet the same is unlikely to be heard soon in view of the heavy pendency of the cases. The similarly situated co-accused of the applicant has already been extended the benefit of suspended sentence by this Court vide order dated 07.08.2012.

7. Without commenting much on the merits of the case, the present application is allowed. The execution of the remaining substantive sentence of applicant/appellant No.3- Kamla, w/o Mahabir, r/o Karewari, P.S.Mohana, District Sonepat, is ordered to be suspended during the pendency of the appeal subject to her furnishing bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sonepat.