Sushil Kumar vs State
2022 Latest Caselaw 104 j&K

Citation : 2022 Latest Caselaw 104 j&K
Judgement Date : 7 February, 2022

Jammu & Kashmir High Court

Sushil Kumar vs State on 7 February, 2022

                                                                   Sr. No. 22

               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU
                         (Through Virtual Mode)

                                                 CRA No.34/2017
                                                 IA No.1/2017,
                                                 CrlM No.634/2021
                                                 c/w
                                                 CRA No.4/2017

Sushil Kumar                                        ....Petitioner(s)/Appellant(s)

                 Through :- Mr. Sheikh Altaf Hussain, Advocate.
         V/s
State                                                           ....Respondent(s)

                 Through :-    Mr. Raja Mohit Bucha, Advocate vice
                               Mr. Ravinder Gupta, AAG.

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

                                     ORDER

07.02.2022

IA No.1/2017 in CRA No.34/2017

This is an application filed by appellant/applicant for suspension of

sentence and grant of bail.

Vide order dated 07.02.2017 passed by learned Sessions Judge, Reasi,

the appellant/applicant stands convicted of offences under Section 376, 363 RPC

and vide order dated 08.02.2017 passed by the said Court, the applicant/appellant

has been sentenced to undergo rigorous imprisonment of ten years and a fine of

Rs. 10,000/- in proof of offence under Section 376 whereas he has been

sentenced to undergo rigorous imprisonment of three years and a fine of

Rs.5,000/- in proof of offence under Section 363 RPC. The judgment of

conviction and order of sentence are under challenge before this Court in the

connected criminal appeal filed by the appellant/petitioner which is pending

disposal before this Court for the last more than four years.

CRA No.4/2017

It has been contended by learned counsel for appellant/petitioner that

the appellant has undergone substantial portion of the sentence awarded to him,

as such if he is not granted bail at this stage, the decision in the appeal may

become inconsequential for him. It is further contended that even on merits the

appellant is sure to succeed in the appeal because the learned trial Court has

failed to taken into account the fact that in terms of medical opinion, the

prosecutrix was aged about 16 years at the relevant time and she had attained the

age of consent as per the law prevailing at the relevant time. It is also contended

that the circumstances in which the prosecutrix had accompanied the petitioner

for about seven days would clearly show that she had, out of her own will,

consented to have sexual intercourse with the appellant/petitioner. According to

the learned counsel, these aspects of the matter have been ignored by the learned

trial Court.

Having regard to the fact that the appellant/petitioner has undergone

substantial portion of sentence awarded to him as also the fact that there is no

possibility of hearing of his appeal in near future on account of restrictions on

physical hearing of cases due to spread of COVID-19 infection and keeping in

view the arguments advanced by learned counsel for the petitioner/appellant, a

case for suspension of sentence and grant of bail is made out.

Accordingly, this application is allowed and the sentence awarded

against the appellant is suspended. He is directed to be released on bail subject to

the following conditions:

i. That he shall furnish personal bond in the amount of Rs.50,000/ with one surety of the like amount to the satisfaction of the incharge of concerned jail;