State Of J&K vs Shiv Krishan Sharma And Others
2021 Latest Caselaw 469 j&K

                                                              S. No.217
             HIGH COURT OF JAMMU AND KASHMIR
                           ATJAMMU

                                              SLA No. 21/2018
                                              c/w
                                              CONCR No. 13/2018
                                              (Through Video Conferencing)


State of J&K                                                    ...Petitioner(s)

                Through :- Mr. Suneel Malhotra, GA
               v/s<




Shiv Krishan Sharma and others
't
                                                            .....Respondent(s)

                 Through :- None.


Coram:       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE


                                    ORDER

CONCR No. 13/2018

1. Reply to this application has not been filed by the respondents,

despite having availed a number of opportunities in this regard. For the reasons

stated in the application which is supported by an affidavit, the delay of 173 days

in filing the appeal is condoned. The application stands disposed of.

SLA No. 21/2018

2. I have heard learned counsel for the petitioner and gone through the

impugned judgment.

3. Learned counsel for the petitioner has submitted that a number of

prosecution witnesses have supported the case of prosecution and their

statements have been ignored and disbelieved by the learned trial Court on flimsy

grounds while acquitting the accused.

4. Having regard to the submissions made by the learned counsel for

the petitioner, a case for grant of leave to file appeal only in respect of offences

under Sections 307/201/120-B RPC and 7/25 Arms Act is made out. The

application is allowed and the leave to file appeal against the impugned judgment

to the aforesaid extent is granted.

5. The appeal be diarized and be posted for admission on 07.07.2021.

(SANJAY DHAR) JUDGE JAMMU 12.04.2021 Paramjeet