Abdul Rashid vs
2021 Latest Caselaw 519 j&K

                                                                  S. No.101
                HIGH COURT OF JAMMU AND KASHMIR
                              AT JAMMU

                                                  Crl A(S) No. 7/2021
                                                  CrlM No. 657/2021
                                                  (Through Video Conferencing)


     Abdul Rashid                                                ...Appellant(s)

                     Through :- Mr. Anil Sethi, Advocate
                    v/s
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     Union Territory of J&K                                   .....Respondent(s)

                    Through :- Mr. Bhanu Singh Jasrotia, GA


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


                                        ORDER

Crl A(S) No. 7/2021 Issue notice to the respondent.

Mr. Bhanu Singh Jasrotia, learned GA accepts notice on behalf of

the respondent. Learned counsel for the appellant shall furnish a copy of the

paper book to Mr. Jasrotia.

List on 30.07.2021.

CrlM No. 657/2021

This is an application filed by the appellant-applicant seeking

suspension of sentence and grant of bail.

I have heard learned counsel for the appellant and perused the

grounds of appeal as well as the impugned judgment.

Vide the impugned judgment dated 31.03.2021, the appellant has

been convicted of offence under Section 471 of RPC and sentenced to undergo

rigorous imprisonment of one year and to pay a fine of Rs. 10,000/-. Learned

counsel for the appellant has submitted that the appellant has a strong case on

merits and that he is sure to succeed in the appeal. According to the learned

counsel, the learned trial Court while convicting the accused/appellant, has

ignored the fact that the original document regarding which the forgery has been

alleged, was never produced and exhibited before the learned trial Court.

Having regard to the submissions made by the learned counsel for

the appellant and keeping in view the nature of offence of which the appellant

has been convicted, a case for suspension of sentence and grant of bail to the

appellant is made out.

Accordingly, the application is allowed and impugned order of

sentence is suspended and the appellant is admitted to bail subject to the

following conditions:

a. That he shall furnish bail bond with one surety in the amount of Rs.50,000/- to the satisfaction of concerned Jail Superintendent. b. That he shall not leave the limits of Union Territory of J&K without prior permission of this Court.

c. That he shall appear before this Court on each and every date of hearing.

The application stands disposed of.

(SANJAY DHAR) JUDGE JAMMU 27.04.2021 Paramjeet