Jammu & Kashmir High Court
Ravinder Singh vs State Of Jammu And Kashmir on 17 December, 2019
Author: Rajesh Bindal
Bench: Rajesh Bindal
Sr. No. 31
HIGH COURT OF JAMMU AND KASHMIR
ATJAMMU
CRLM No. 713/2019
in
CRA No. 40/2017
IA No. 1/2017
Ravinder Singh .....Appellant (s)/Applicant (s)
Through :- Mr. Sunil Sethi, Sr. Advocate with
Mr. AnkeshChandel, Advocate.
V/s
State of Jammu and Kashmir .....Respondent(s)
Through :- Mr. Ravinder Gupta, AAG.
HON'BLE THE CHIEF JUSTICE
Coram:
HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
CRLM No. 713/2019
By the instant application, the applicant seeks direction to the Superintendent District Jail, Amphalla, Jammu to issue nominal roll of the appellant.
On 20th July 2019, nominal roll of the appellant has been received. This application has been rendered infructuous and is accordingly dismissed. IA No. 01/2017
1. Heard.
2. The instant application seeks suspension of sentence imposed upon the applicant upon his conviction for commission of offence in the case arising out of FIR No. 160/2009 registered by Police Station Satwari under Section 302 of the RanbirPenal Code. Consequent upon his conviction by an orderdated 12 th 2 CRLM No.713/2019 December 2017, the trial court awarded and handed out a sentence of life imprisonment with fine of ₹50,000/- or one year imprisonment in default of fine.
3. The nominal roll has been received under the cover of a letter dated 20th July 2019 from the office of Superintendent District Jail, Jammu.
4. A perusal thereof would show that on 20th July 2019, the applicant- Ravinder Singh had actually undergone incarceration of over 9 years and 6 months. Therefore, as on date, the appellant would have undergone almost 10 years of continuous incarceration.
5. No jail offence has been reported in the nominal roll.
6. In the case reported as AIR 2001 SC 1528Akhtari Bi v. State of M.P., the Supreme Court has held that if an appeal is pending for five years and there is no chance of appeal being heard in near future then in such a case the applicant/appellant should be enlarged on bail. Relevant extract of the judgment is reproduced hereunder:
"To have speedy justice is a fundamental right which flows from Article 21 of the Constitution. Prolonged delay in disposal of the trials and thereafter appeals in criminal cases, for no fault of the accused, confers a right upon him to apply for bail. This Court, has time and again, reminded the executive of their obligation to appoint requisite number of judges to cope with the ever-increasing pressure on the existing judicial apparatus. Appeal being a statutory right, the trial court's verdict does not attain finality during pendency of the appeal and for that purpose his trial is deemed to be continuing despite conviction. It is unfortunate that even from the existing strength of the High Courts huge vacancies are not being filled up with the result that the accused in criminal cases are languishing in the jails for no fault of theirs. In the 3 CRLM No.713/2019 absence of prompt action under the constitution to fill up the vacancies, it is incumbent upon the High Courts to find ways and means by taking steps to ensure the disposal of criminal appeals, particularly such appeals where the accused are in jails, that the matters are disposed of within the specified period not exceeding 5 years in any case. Regular benches to deal with the criminal cases can be set up where such appeals be listed for final disposal. We feel that if an appeal is not disposed of within the aforesaid period of 5 years, for no fault of the convicts, such convicts may be released on bail on such conditions as may be deemed fit and proper by the court. In computing the period of 5 years, the delay for any period, which is requisite in preparation of the record and the delay attributable to the convict or his counsel can be deducted. There may be cases where even after the lapse of 5 years the convicts may, under the special circumstances of the case, be held not entitled to bail pending the disposal of the appeals filed by them. We request the Chief Justices of the High Courts, where the criminal cases are pending for more than 5 years to take immediate effective steps for their disposal by constituting regular and special benches for that purpose."
7. In this regard, reference may also be made to the decision of the Supreme Court in AIR 2017 SC 1568 Sandeep alias Raja Acharya v. State of Orissa.
8. The board of this Court does not permit expeditious disposal of the present appeal.
9. We have found lot of deficiencies in the nominal rolls being sent to the Court. No effort is being made by the jail authorities to fill up all columns especially those relating to information regarding other cases in which the prisoner was named/implicated/tried. The jail authorities are also not disclosing 4 CRLM No.713/2019 the status or the outcome of trials involving the prisoners regarding whom nominal rolls are being sent.
10. We find that we are still receiving undated and incomplete nominal rolls. Despite specific requirements and a column for informing the Court about the date and particulars of the judgment of conviction, the same is not being informed in a nominal roll.
11. Interests of justice merit that the remaining sentence on the appellant be suspended subject to conditions.
12. In view of the above, it is directed as follows:
i) Subject to appellant's furnishing the bail bond in the sum of ₹1,00,000/- with one surety of the like amount to the satisfaction of the Registrar Judicial, the remaining sentence imposed upon the appellant by order dated 12th December 2017 shall be suspended till further orders of this Court.
ii) After his release, the appellant shall report to the Station House Officer of the Police Station, Satwari at any time during the day light hours on the 2nd Saturday of every month.
This application is allowed in the above terms.
13. It is directed that the jail authorities shall ensure that all information including the above is specifically furnished in the nominal rolls sent to the court.
Copy of this order be sent to Mr. V. K. Singh, Director General of Police (Prisons) to ensure compliance.
5 CRLM No.713/2019
A copy of this order shall also be sent to the Superintendent, District Jail, Jammu and the Station House Officer, Police Station, Satwari to ensure compliance.
(RAJESH BINDAL) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Jammu
17.12.2019
Raj kumar
RAJ KUMAR
2019.12.18 14:42
I attest to the accuracy and
integrity of this document