Jammu & Kashmir High Court
Ranjit Singh vs . State Of J&K And Anr. on 3 April, 2019
Bench: Chief Justice, Sindhu Sharma
Serial No. 39
Supplementary List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRA No.55/2015, IA No.01/2015
c/w
CONF No.1/2016
Date of order: 03.04.2019
Ranjit Singh vs. State of J&K and anr.
Coram:
HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
Appearance:
For the petitioner/appellant (s) : Mr. Sunil Sethi, Sr. Adv with
Mr. Ankesh Chandel, Advocate.
For the Respondent(s) : Mr. Amit Gupta, AAG.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
IA No.01/2015
1. Heard Mr. Sunil Sethi, learned senior counsel for the applicant and Mr. Amit Gupta, learned AAG.
2. This application seeking suspension of sentence was filed along with the appeal in December, 2015. On the 1st of January, 2016, an order came to be passed directing that the execution of the sentence imposed upon the appellant would remain suspended. It was also directed that the appellant be treated as an undertrial.
3. The applicant in the present case stands convicted vide Judgment dated 16th of December, 2015 for commission of offence under Section 302 RPC read with Section 3/25 of the Arms Act in the case arising out of FIR No.08/2010 which was registered by the Police Station, Jaggar Kotli. Consequent upon his conviction, by an order dated 16 th of December, 2015, CRA No.55/2015, IA No.01/2015 Page 1 of 3 the 2nd Additional Sessions Judge, Jammu sentenced the appellant to undergo life imprisonment and fine subject to confirmation.
4. The application came to be listed before the court along with appeal on 01 st of January, 2016 when the order suspending execution of the sentence was passed. It was further directed that the appellant be treated as an undertrial.
5. We are informed by Mr. Sunil Sethi, learned Senior Counsel for the appellant that despite this order, the appellant continues to be lodged in custody.
6. In order to verify this position, by an order dated 27 th of February, 2019, we had called upon the Superintendent Central Jail, Kot Bhalwal to submit a report as to whether the appellant was still in custody.
7. Under cover of a letter dated 11th of March, 2019, we have received a custody certificate/nominal roll of the applicant whereby we are informed that the appellant has spent 5 years 9 months 20 days in custody as an undertrial. After his conviction and sentencing the appellant has continuously been in custody with effect from 31st of December, 2012 and as on 10th of January, 2019, he had spent 3 years 2 months and 24 days further in custody. As on date, the appellant has thus undergone over 9 years of custody.
8. In view of order dated 1st of January, 2016, the remaining sentence imposed by the appellant stood suspended and he ought to have been released from custody. We are informed by Mr. Sethi that this probably has not happened for the reason that this court having directed suspension of sentence did not pass further orders under section 426 of the CrPC setting out the conditions on which the appellant would be released from custody. Further the consequential order regarding submission of the bonds was not passed.
9. In view of the order dated 1st of January, 2016, we further direct as follows:
CRA No.55/2015, IA No.01/2015 Page 2 of 3(i) Subject to the appellant/applicant furnishing personal bond in the amount of Rs.50,000/- with one surety of like amount to the satisfaction of the trial court, the remaining sentence imposed on the appellant shall remain suspended during the pendency of the appeal.
(ii) That the appellant/applicant shall not leave the State of Jammu and Kashmir without permission of this Court.
(iii) The appellant/applicant shall report to the SHO, Police Station, Jaggar Kotli at any time during the day light hours of the 2 nd Saturday of every month.
IA No.1/2015 is accordingly disposed of.
CRA No.55/2015:
1. We find that in the nominal roll which has been sent to this Court, the date of the issuance of the nominal roll or the age of the prisoner has not been mentioned.
2. Let these details be ensured in all nominal rolls by the jail authorities. Let proper directions in this regard be issued to all Jail authorities, who are sending the nominal rolls to this Court, by the Director General of Police as well as the Director General of Prisons.
3. Copy of this order be given to Mr. Amit Gupta, learned AAG to ensure compliance.
4. Copy of this order be sent to the Director General of Police and Director General of Prisons to ensure compliance.
5. List on 30th of May, 2019.
(Sindhu Sharma) (Gita Mittal)
Judge Chief Justice
Jammu
03.04.2019
Raj Kumar
RAJ KUMAR
2019.04.05 15:11
I attest to the accuracy and
integrity of this document
CRA No.55/2015, IA No.01/2015 Page 3 of 3