Ravinder Kumar vs Ut Of J&K And Another ...
2021 Latest Caselaw 207 j&K

                                                      Suppl. List-2
                                                      Sr. No.274

           HIGH COURT OF JAMMU AND KASHMIR
                      AT JAMMU

                                      Pronounced on : 26.02.2021

                                      Crl A (S) No. 6/2020
                                      Crl M No. 291/2020

Ravinder Kumar                        .... Applicant/Appellant

                          Through:-   Mr. Sunil Sethi, Sr. Advocate
                                      with Mr. Mohit Vaid, Advocate.

                    V/s

UT of J&K and another                   ....Non-applicants/Respondents

                          Through:-   Mr. Bhanu Jasrotia, GA.

CORAM : HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                               ORDER

Crl M No. 291/2020 :

1. The applicant/appellant has been convicted and sentenced to

undergo rigorous imprisonment for seven years and to pay a fine of

Rs. 10,000/- and in default of payment of fine he shall further

undergo imprisonment of like nature for six months for the

commission of offence under Section 376(1) RPC, also to undergo

rigorous imprisonment for five years and to pay a fine of Rs.

7,000/- and in default of payment of fine he shall further undergo

imprisonment of like nature for six months for the commission of

offence under section 363 RPC by the court of learned Sessions

Judge, Rajouri vide judgment and order dated 27.02.2020.

2. Through the present application, the applicant seeks suspension of

the sentence and grant of bail on the grounds enumerated in the

application.

CrlM No. 291/2020

3. The objections to the application have been filed wherein the prayer

made by the applicant is opposed.

4. The learned Senior counsel for the applicant/appellant during the

course of arguments has submitted that there are infirmities in the

judgment which, according to him, cannot sustain the conviction of

the applicant.

5. The challan was initially produced against the applicant under

Section 363 RPC only before the Judicial Magistrate, Sunderbani

and during trial the said court found that the offence under Section

376 RPC stands attracted against the applicant and therefore, the

case was committed to the learned Sessions Court for trial and that

is how the charge under Section 376 RPC also came to be framed

against the accused in addition to 363 RPC.

6. After taking into consideration the infirmities that were brought to

the notice of the court and in addition that the applicant has been in

custody for the last one year, the Court finds good ground to

suspend the sentence and grant bail to the applicant subject to his

furnishing personal bond to the tune of Rs.50,000/- and surety bond

of the like amount to the satisfaction of the concerned Jail

Superintendent. He will cause his appearance in the main appeal as

and when directed.

7. The present bail application is, accordingly, disposed of.

8. List the main appeal on 19.05.2021.

(PUNEET GUPTA) JUDGE JAMMU:

26.02.2021 Pawan Chopra PAWAN CHOPRA 2021.02.26 15:41 I attest to the accuracy and integrity of this document