Jammu & Kashmir High Court
Padarath Singh vs Union Territory Of J&K And Another on 2 May, 2025
Sr. No. 101
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: CrlA(S) No.11/2023
CrlM No.1638/2023
Padarath Singh ..... Petitioner/Appellant(s)
Through :- Mr. Prince Khanna, Advocate
Vs
Union Territory of J&K and another .....Respondent(s)
Through :- Mr. Eishaan Dadhichi, GA
CORAM:
HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
02.05.2025 CrlM No.1638/2023
1. Heard the learned counsel for the applicant/appellant in respect of his prayer for suspension of sentence and enlargement of applicant on bail. Also heard the learned counsel appearing for the U.T, in the rebuttal. Considered their rival contentions.
2. Perused the application which is supported with an affidavit. Also perused the main appeal and the copies of the documents enclosed with the same, especially the impugned judgment of conviction and order of sentence.
3. As per the statement of the learned counsel for the applicant/appellant and as confirmed by the perusal of the copy of the nominal roll requisitioned from the jail concerned, the appellant has undergone about seven years as against the total conviction period of ten years.
4. The main appeal has also been part heard and this Court while hesitating to comment on the merits of the case at this premature stage, is convinced that a prima facie case is made out for suspension of the remaining 2 CrlA(S) No.11/2023 in CrlM No.1638/2023 part of the sentence and the enlargement of the petitioner/appellant on bail subject to some reasonable terms and conditions. Accordingly, the application is allowed and the remaining part of the sentence imposed on the petitioner/appellant is suspended, who is accordingly admitted to bail subject to his furnishing of surety and personal bonds to the tune of Rs.50,000/- each to the satisfaction of the learned Registrar Judicial of this Court and the Superintendent of the Jail concerned respectively. This order shall, however, remain subject to following conditions:-
i) That the petitioner/appellant shall ensure his punctuality at the proceedings of the appeal;
ii) That the petitioner/appellant shall not repeat any kind of crime.
5. Disposed of.
CrlA(S) No.11/2023
1. The matter was part heard on yesterday.
2. Mr. Eishaan Dadhichi, learned Government Advocate representing respondents seeks an opportunity for his arguments which is granted.
3. Registry to send for the scanned copy of the trial Court record.
4. List on 03.07.2025, higher up in the cause list.
(MOHD. YOUSUF WANI) JUDGE JAMMU 02.05.2025 Shammi SHAMMI KUMAR 2025.05.02 17:56 I attest to the accuracy and integrity of this document