Jammu & Kashmir High Court
Mohinder Singh And Ors vs State Of J&K; And Anr on 28 December, 2018
Bench: Chief Justice, Tashi Rabstan
Suppl. List-02
Sr. No. 43
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRA No. 3/2016, IA Nos. 1/2018, 1/2016
c/w
CONF No. 4/2016
Date of Order: 28.12.2018
Mohinder Singh and ors Vs. State of J&K and anr
Coram:
Hon'ble The Chief Justice
Hon'ble Mr. Justice Tashi Rabstan, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. Sunil Sethi, Sr. Advocate with
Mr. Waheed Choudhary, Advocate.
For the Respondent(s) : Mr. Raman Sharma, Dy.AG.
Gita Mittal CJ IA No. 1/2016
1. Reports in terms of our previous order dated 12th of November, 2018 have been received from the Superintendent, Central Jail, Kot Bhalwal, Jammu and Superintendent, District Jail, Kathua.
2. We have heard learned counsel for the parties on this application for seeking suspension of sentence. It appears that pursuant to FIR No.47/2009 registered at Police Station, Katra, four persons including the three applicants/appellants herein and one Bittu Sharma were implicated, on 15th of April, 2009, for the commission of offences under Sections 302/307/341/325/120-B/109/34 of Ranbir Penal Code and 4/25 of Arms Act. The applicants/appellants herein came to be arrested on 22nd of April, 2009, whereas the accused No. 4 namely Bittu Sharma was arrested on 1st of May, 2009.
3. On the completion of investigation, on 17th of September, 2010 charge sheet under Section 173 of the Cr.P.C. was presented before the Court of CRA No. 3/2016 Page 1 of 3 Learned Sessions Judge, Reasi. The applicants/appellants herein pleaded not guilty and claimed trial. After the completion of trial, vide judgment dated 22nd of December, 2015 the accused No. 4-Bittu Sharma was acquitted of the charges by the trial Court, whileas the accused No. 1 to 3/applicants herein were convicted for the commission of offences under Sections 302/307/341/325/120-B/109/34 of Ranbir Penal Code and 4/25 of Arms Act. As a consequence, by order dated 31st of December, 2015, the sentence, inter alia, of rigorous imprisonment for life under Section 302/34 of Ranbir Penal Code and fine was awarded. Separate sentences for imprisonment were allowed for the commission of the remaining offences.
4. As per the reports received from the Jail authorities, the appellants are facing incarceration since April, 2009. As on date, they have under gone over 9 years and 8 months of incarceration.
5. It has been held in AIR 2001 SC 1528, Akhtari Bi v. State of M.P. and AIR 2017 SC 1568, Sandeep alias Raja Acharya v. State of Orissa, that in case there is no immediate possibility of hearing an appeal against the sentence of conviction, the appellate court would favorably consider the prayer for suspension of sentence of an appellant pending final adjudication in the appeal. The present case on all fours falls within the principles laid down in these judgments.
6. We are inclined to accept the prayer of the appellant for suspension of sentence and allowed the application for suspension of sentence on the following conditions:-
i) Subject to appellants' furnishing bail bond in the sum of Rs. 50,000/-
with one surety each of the like amount to the satisfaction of the Registrar Judicial of this Court, the sentence imposed upon the appellants by order CRA No. 3/2016 Page 2 of 3 dated 22nd of December, 2015 shall be suspended till further orders of this Court and they shall be released from custody.
ii) Upon release, the appellants shall report to Station House Officer, Police Station, Katra, during day light hours on every second Saturday.
7. This application is allowed in the above terms.
(Tashi Rabstan) (Gita Mittal)
Judge Chief Justice
Jammu
28.12.2018
Pawan Angotra
CRA No. 3/2016 Page 3 of 3