Jammu & Kashmir High Court
Pashori Lal vs State Of J&K on 6 April, 2022
Sr. No. 14
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRA No. 26/2014
CrlM No. 1423/221
IA No. 156/2014
Pashori Lal ....Petitioner(s)/Appellant(s)
Through :- Mr. O. P. Thakur, Sr. Advocate with
Mr. O. S. Bandral, Advocate
V/s
State of J&K ....Respondent(s)
Through :- Mr. Amit Gupta, AAG
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Coram:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
06.04.2022
CrlM No. 1423/221
01. The appellant has preferred the appeal against the judgment,
conviction and sentence dated 25.02.2014, passed by the learned Additional
Sessions Jude (Fast Track Court), Jammu, whereby he has been convicted and
sentenced to undergo imprisonment of 12 years for commission of offences
under Section 376 RPC, one year for commission of offence under Section 342
RPC and five years and fine of Rs. 5,000/- for commission of offence under
Section 363 RPC.
02. The appellant has filed the instant application suspension of sentence
and also seeking bail on the ground that he has remained in custody for more
than about 10 years out of the total imprisonment of 12 years.
03. Objections have not been filed in the instant application despite several
opportunities granted in this regard.
04. It has been held in AIR 2001 SC 1528, Akhtari Bi Vs State of M.P.
and AIR 2017 SC 1568 Sandeep alias Raja Acharya Vs State of Orissa, that
in case there is no immediate possibility of hearing an appeal against the
sentence of conviction, the appellant Court would favourably consider the prayer
for suspension of sentence of an appellant pending final adjudication in the
appeal. The present case on all four falls within the principles laid down in these
judgments. In the case of Saudan Singh Vs The State of UP, arising out of
Special Leave to Appeal Crl. No. 4633/2021 decided on 05.10.2021 held that if
the appeal is pending at the High Court stage and the convict has already
undergone 08 years of actual sentence, exceptions apart, in most cases bail
would be the rule. Here the Court note that there may be even convicts in
custody in cases other than life sentence cases and in those cases again the
brought parameter of 50% of the actual sentence undergone can be the basis for
grant of bail.
05. Having regard to what has been stated hereinbefore, and bearing in
mind the fact that the applicant-accused in custody for the last more than 09
years and the appeal has been filed in the year 2014, and apparently there being
no prospect of the appeal being concluded in near future, we are of the
considered view that the applicant-accused deserves to be given the concession
of bail, pending consideration of the main appeal. Accordingly, the remaining
sentence imposed upon the applicant-accused is suspended and the applicant-
accused is admitted to bail on the following terms and conditions:
i. That the applicant-accused shall furnish surety bonds in the
sum of Rs. 50,000/- each to the satisfaction of the Registrar
Judicial of this Court and personal bonds in the same amount
to the satisfaction of Jail Superintendent concerned.
ii. That the applicant-accused shall not leave the jurisdiction of
this Court without prior permission.
iii. That the applicant-accused shall remain present before this
Court on each and every date of hearing of the appeals and/or
as and when required.
iv. That the concession of bail shall cease to exist if the
applicant-accused violate any of these conditions.
06. Application for suspension of sentence and grant of bail is,
accordingly, disposed of on the above terms.
Let the main appeal for consideration on 25.05.2022.
(Rahul Bharti) (Tashi Rabstan)
Judge Judge
Jammu:
06.04.2022
Muneesh
