Jammu & Kashmir High Court
Hari Ram And Others vs State Of J&K on 15 November, 2019
Author: Rashid Ali Dar
Bench: Rashid Ali Dar
HIGH COURT OF JAMMU AND KASHMIR Sr. No. 16
AT JAMMU
IA(2/2017) in
CRA No. 89/2012
Hari Ram and others ...Appellant/Petitioner(s)
Through :- None
V/s
State of J&K .....Respondent(s)
Through :- Mr. Aseem Sawhney, A. A. G.
HON'BLE THE CHIEF JUSTICE
Coram:
HON'BLE MR. JUSTICE RASHID ALI DAR, JUDGE
ORDER
01. The nominal roll of the applicant- Biju Goswami has been received from District Jail Jammu. An FIR No. 6/2006 has been registered by the Police Station Bahu Fort Jammu under Sections 302/364/34 of Ranbir Penal Code. Order of sentence dated 31st October 2012 has been passed whereby the applicant- appellant has been convicted for life imprisonment and fine of ₹ 8000/-, in default of payment of fine, further imprisonment for ten months was ordered.
02. As per the nominal roll received from the Deputy Superintendent, District Jail Jammu, the applicant has been for a period 6 years 9 months and13 days in custody as under-trial. Further after his conviction, the applicant has spent a period of 6 years 5 months and 2 days in custody upto 3rd April 2019.
03. The nominal roll discloses that he has spent a total 13 years 2 months and 15 days of incarceration and has earned remission of 3 months and 28 days. 2 CRA No. 89/2012
04. The record of the case shows that the application was directed to be listed on 12th April 2019 when it was not listed. It appears to have been listed on 9th July 2019 when the case did not reach. The matter was thereafter adjourned to 20th August 2019 when it does not appear to have been taken up again. The case was adjourned to 4th October 2019 when the Registry has not listed it.
05. A report be called from the Registrar (Judicial) as to why the case has not been listed on the directed date.
06. The nominal roll has been sent to this Court on 4 th April 2019. It is necessary to ascertain as to whether the appellant is still in custody. Let a fresh nominal roll of the applicant be called for within one week from today.
07. Issue court notice without process fee to the Secretary, J&K High Court Legal Service Committee, Jammu, to ensure the appearance of legal aid lawyer.
08. List on 22nd November 2019 along with CRA No. 89/2012.
(RASHID ALI DAR) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Jammu
15.11.2019
Sunita
SUNITA KOUL
2019.11.18 10:24
I attest to the accuracy and
integrity of this document