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Suspends Sentence Ordering Community Service For Two Murder Convicts
The has granted the for two murder convicts, Naveen alias Bhola and Praveen, while their appeals remain pending. A comprising Justice Vinod S. Bhardwaj and Justice Sukhvinder Kaur issued the order, imposing unique conditions including mandatory community service at a public health facility.
Case Background
The stem from an incident on , involving the deceased, Guddu. Following an injury sustained during the altercation, the victim underwent surgery at and was discharged on . Medical records at the time indicated his condition was stable. However, the deceased later passed away on —more than a month after his discharge—due to septicemia, toxemia, and shock.
Arguments Presented
Counsel for the appellants contended that there is an arguable issue regarding the direct between the injury and the subsequent death. Highlighting the deposition of the deceased's brother, PW-8 Tinku Kumar, the defense argued that the victim had resumed agricultural labor and alcohol consumption upon returning to his village, which allegedly impeded his recovery and contributed to the onset of septicemia.
The State did not dispute that the victim was stable at the time of discharge, nor did it contest the brother’s testimony regarding the victim's post-discharge activities. Given the significant delay between the injury and the death, the court determined that the appellants had raised a substantial legal question concerning their under .
Legal Analysis
The Court balanced the gravity of the offense with the appellants' time served—approximately 10 months for Naveen and 21 months for Praveen—and the potential merit in their appeal. By mandating community service, the High Court emphasized a to , ensuring that the convicts remain under strict supervision while contributing to public welfare. The order stipulates that the appellants must not engage in any further criminal conduct and that any failure to adhere to these terms will result in the immediate cancellation of their .
Key Observations
The bench outlined the specific expectations for the appellants, noting:
"The applicant(s)-appellant(s) shall perform community service for a period of one month from the date of their release, in different shifts. They shall undertake all such sundry jobs as well as jobs pertaining to attending the injured/patients, as may be assigned by the office of the , ."
The Court further clarified the consequences of non-compliance:
"It is made clear that in case, any complaint is received with respect to the work and conduct of the applicants, while discharging community service or that they not being regular, the order granting suspension of sentence shall be liable to be recalled."
Court's Decision
The allowed the applications, subject to the furnishing of heavy security and sureties to the satisfaction of the concerned . The appellants are required to submit an affidavit affirming their commitment to avoid any further criminal activities. The Office of the at the Civil Hospital in Gurugram has been tasked with overseeing the service period and providing a , ensuring the order serves both as a conditional release and a structured form of rehabilitation.
