'Do Community Service For Patients In Civil Hospital': P&H High Court While Suspending Sentence Of Two Murder Convicts

The Punjab and Haryana High Court has suspended the sentence of two murder convicts during the pendency of their criminal appeals, while directing them to perform community service for one month at the Civil Hospital, Gurugram, including attending to the injured and patients.A Division Bench of Justice Vinod S. Bhardwaj and Justice Sukhvinder Kaur said, "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 Chief Medical Officer, Civil Hospital, Gurugram."The applications were moved by appellants Naveen @ Bhola and Praveen, seeking suspension of sentence during the pendency of their respective appeals.Counsel for the appellants submitted that the incident occurred on 21.02.2020, in which the deceased, Guddu, sustained an injury. He underwent surgery and was discharged from Safdarjung Hospital on 28.02.2020, with the discharge summary recording his condition as stable. The deceased thereafter left for his village in Bihar and died on 06.04.2020, more than a month after discharge, the cause of death being septicemia, toxemia and shock.It was contended that the cause of death was therefore not directly relatable to the act attributed to the appellants, but was attributable to a lack of preventive care and precautionary measures on the part of the deceased himself, and that the death was not an immediate result of the injury caused.Counsel drew the Court's attention to the deposition of PW-8 Tinku Kumar, the brother of the deceased, who stated that after his brother returned home he re-engaged in agricultural activities and resumed consumption of liquor, thereby affecting his recovery and resulting in septicemia.On this basis, it was argued that arguable issues arise as to whether the appellants can be connected with and convicted for the offence under Section 302 IPC.As per the custody certificate dated 03.08.2026, Naveen @ Bhola had undergone a total sentence of 9 months and 29 days, while Praveen had undergone 1 year, 9 months and 21 days. Counsel fairly submitted that the appellants have some criminal antecedents.Counsel further submitted that the appellants may be put to strict conditions, that they would not indulge in any criminal conduct, and that the order of suspension may be cancelled in the event any complaint of a cognizable or non-cognizable offence is received against them. It was also volunteered that the appellants would offer community service at the Civil Hospital, where they would attend to patients and carry out such other work as may be assigned by the office of the Chief Medical Officer, Civil Hospital, Gurugram.Senior DAG Paras Talwar for the State submitted that the period of custody undergone by the appellants was on the lower side. He, however, did not dispute that the death took place more than a month after discharge, that the cause of death was septicemia, that the condition of the deceased was stable at the time of discharge, or the deposition of PW-8.Allowing the applications, the Bench directed that the appellants shall furnish heavy security along with a surety each to the satisfaction of the concerned Illaqa Magistrate/Chief Judicial Magistrate.They were further directed to file an affidavit before the Magistrate undertaking not to indulge in any other criminal offence, and that in the event of their involvement or nomination in any other criminal case, the order granting suspension of sentence shall be liable to be cancelled "without any further explanation."On community service, the Court directed that the appellants shall perform such service for a period of one month from the date of their release, in different shifts, undertaking all sundry jobs as well as jobs pertaining to attending the injured and patients as may be assigned by the office of the Chief Medical Officer, Civil Hospital, Gurugram. A compliance report on the satisfactory discharge of this condition is to be sent by the office of the Chief Medical Officer/Civil Surgeon.The Court clarified that if any complaint is received regarding the work and conduct of the appellants while discharging community service, or regarding their irregularity, the order granting suspension of sentence shall be liable to be recalled.Title: Naveen @ Bhola v. State of Haryana; Praveen v. State of HaryanaAearances: Mr. Pranshul Dhull, Mr. Ritik Mohindroo and Mr. Punyaveet, Advocates, for the applicants-appellants; Mr. Paras Talwar, Sr. DAG, Haryana.Click here to read order

'Do Community Service For Patients In Civil Hospital': P&H High Court While Suspending Sentence Of Two Murder Convicts

Aiman J. Chishti

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Aiman J. Chishti

'Do Community Service For Patients In Civil Hospital': P&H High Court While Suspending Sentence Of Two Murder Convicts

Aiman J. Chishti

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Aiman J. Chishti

This is a premium content
Available exclusively to
Our subscribers