Abdul Rashid And Another vs State Of J&K And Others
2021 Latest Caselaw 1607 j&K

                                                                     Sr. No. 11

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

                                                     CrlM No. 919/2020 in
                                                     CRA No. 3/2018



Abdul Rashid and another                            .....Appellant(s)/Petitioner(s)



                      Through: Mr. Navneet Dubey, Advocate
                               Ms. Irfana Ashraf, Advocate
                               Ms.Deepika Mahajan, Advocate


                 Vs


State of J&K and others                                       ..... Respondent(s)



                      Through: Mr. Jamrodh Singh, GA


Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
          HON'BLE MR. JUSTICE MOHAN LAL, JUDGE

                                   ORDER

04.12.2021

CrlM No. 919/2020

01. Through the medium of instant application, the applicant/accused, Jan Bibi, inter alia seeks indulgence of this Court for grant of bail/suspension of sentence on the ground that she is not having good health, 63 years old and is in jail since the year 2012. It is further stated that the petitioner/applicant No. 2 has not been granted interim bail/Special Parole till today.

2. The State has filed the objections wherein it has been stated that the applicant/accused Jan Bibi is one of the accused in FIR No. 18/2012 for commission of offences u/s 302/201/34 RPC and 4/25 Arms Act, registered at Police Station, Mahore. After completion of the investigation, the challan was produced against the accused persons and the learned Principal Sessions Judge, Reasi after full dress trial vide order dated 29.12.2016 awarded punishment of imprisonment of life along with a fine of Rs. 6000/. Learned counsel for the State prays that the instant application may kindly be dismissed.

3. We have heard learned counsel for the parties and have perused the contents of the criminal appeal as well as the judgment of the trial Court dated 28.12.2016.

4. FIR No. 18/2012 for commission of offences u/s 302/201/34 RPC and 4/25 Arms Act stood registered against the applicant/accused No.2, namely Jan Bibi alias Jaami along with co-accused, namely Abdul Rashid on 22.03.2021 and since then the applicant/accused Jan Bibi is lying in detention. The trial Court of Principal Sessions Judge, Reasi vide its order and judgment dated 28.12.2016 after full dress trial convicted the applicant/accused, Jan Bibi along with co-accused Abdul Rashid for commission of offence of murder of husband of applicant/accused Jan Bibi to life imprisonment.

5. The conviction appeal has been filed before this Court on 20.12.2017 and till date it is pending for disposal and for the last more than 9 years, the applicant/accused, Jan Bibi alias Jaami is lying in detention and is presently lodged in District Jail Amphalla, Jammu. The applicant/accused Jan Bibi is an old lady of almost 70 years as disclosed by her counsel in the Court and is survived by her young children to whom there is none to lookafter. The conviction appeal may take more time to get disposed of finally. The applicant/accused Jan Bibi also is not showing good health in her detention as has disclosed by her counsel.

6. Viewed thus, at this stage, the applicant/accused, Jan Bibi has a good case for bail in her favour. Therefore, we direct the applicant/accused Jan Bibi to be released forthwith on bail on furnishing bail and personal bonds in the sum of Rs. 25,000/-each to the satisfaction of the Registrar Judicial of this Court. Copy of this order be forthwith provided to the Registrar Judicial as well as the Superintendent of Police, District Jail Amphalla, Jammu for information and compliance.

7. Application is disposed of.

                                           (Mohan Lal )                  (Dhiraj Singh Thakur)
                                              Judge                               Judge
              Jammu
              04.12.2021
              Vijay
VIJAY KUMAR
2021.12.07 10:00
I attest to the accuracy and
integrity of this document