Jammu & Kashmir High Court
Mohd. Farooq vs Union Territory Of J&K on 14 December, 2022
Author: Puneet Gupta
Bench: Puneet Gupta
Sr. No.2
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Crl A(S) No.51/2019
CrlM No.1550/2019
Mohd. Farooq .....Petitioner(s)
Through: Mr. P. N. Raina, Sr. Advocate with
Mr. J. A. Hamal, Advocate.
Vs
Union Territory of J&K ..... Respondent(s)
Through: Mr. Sumeet Bhatia, GA.
Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
CrlM No.1550/2019 The application is filed for suspension of sentence and grant of bail to the applicant/appellant, who stands convicted vide impugned judgment dated 30.10.2019 and order of sentence dated 31.10.2019 passed by the learned Principal Sessions Court, Udhampur. The appellant has been awarded rigorous imprisonment for three years with fine of Rs.10,000/- under Section 363 RPC and rigorous imprisonment for ten years with fine of Rs.20,000/- under Section 376 (2)(i) RPC. Both the sentences are to run concurrently.
The objections to the application have been filed wherein it is submitted that the appellant is not entitled to suspension of sentence and grant of bail on the ground that he is involved in a very serious offence like 376 RPC. The appellant is in custody from 2016 till date and the same is not denied by the other side meaning thereby that the appellant has been in custody for more than 6 years (i.e. more than half of the sentence awarded). 2
Learned Senior Counsel has argued that the applicant/appellant is entitled to bail on the ground that he is in custody for such a long time.
Learned Senior Counsel has invited the attention of the Court to Section 497-D Cr.P.C. of J&K Criminal Procedure Code as is applicable in the case in hand, which speaks of release of person who has undergone one half of maximum period of imprisonment during investigation, inquiry or trial. The appeal is continuation of trial. The applicant/appellant has undergone more than half of the sentence awarded and there is no exceptional circumstance, which may persuade the Court not to accede to the prayer of the appellant.
No doubt, the applicant/appellant has been convicted for offence punishable under Section 376 RPC, however, the Court is of the view that the sentence can be suspended and the applicant/appellant can be granted bail.
Accordingly, the sentence awarded to the appellant is suspended and HIGH the appellant is granted bailOsubject F J AtoMfurnishing M U & of the personal bond to the COURT KASHMIR AND tune of Rs.50,000/- and surety bond of the like amount to the satisfaction of the LADAKH Superintendent Jail concerned. The appellant shall appear before the concerned Police Station once in a month during the pendency of the appeal and also before this Court on the date fixed in the appeal.
CrlM No.1550/2019 stands disposed of.
List main appeal on 08.02.2023.
( Puneet Gupta ) Judge Jammu 14.12.2022 Narinder NARINDER KUMAR SHARMA 2022.12.14 16:21 I attest to the accuracy and integrity of this document