Kashmir Singh vs Union Territory Of J&K
2022 Latest Caselaw 1484 j&K

                                                                    Sr. No. 236

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

                                                Crl A (S) 4/2022
                                                CrlM No. 846/2022

Kashmir Singh                                       .....Appellant(s)/Petitioner(s)

                       Through: Mr. Aseem Sawhney, Advocate.


                 Vs

Union Territory of J&K                                        ..... Respondent(s)

                       Through: Mr. Suraj Singh, GA.

Coram: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE

                                    ORDER

21.10.2022

1. Learned counsel for the respondents submits that he requires some

time to prepare for arguments on the application moved by the appellant for

suspension of sentence and for grant of bail.

2. Learned counsel for the petitioner submits that the time can be

granted, however, in view of the medical emergency under which the appellant

has been undergoing, particularly, the dialysis for renal problem has to be taken

into account as the appellant who is in jail cannot receive the medical treatment

for his chronic renal failure while being in custody. He has drawn the attention

of this Court to a communication addressed by Senior Medical Officer, District

Jail, Jammu to the Superintendent Jail, Jammu whereby it has been mentioned

that the appellant, namely, Kashmir Singh was provided latest consultation by

the Nephrologist at GMC Jammu on 21.09.2022 who has been advised

Heamodialysis along with AV fistula creation.

2 Crl A (S) 4/2022

3. Learned counsel for the appellant further submits that unless the

kidney is transplanted the appellant has to be on dialysis and this is not possible

when the appellant remains in the custody.

4. Heard and considered.

5. The appellant, namely, Kashmir Singh had been convicted in the case

for the commission of offences punishable under Sections 376, 506 RPC vide

impugned judgment dated 12.05.2022 in case FIR No. 30/2018, registered at

Police Station, Reasi to undergo sentence of simple imprisonment of 10 years

and fine of ₹10,000/- punishable under Section 376 RPC and six months

imprisonment and fine of ₹500/- for the commission of offences punishable

under Section 506 RPC.

6. Learned counsel for the appellant has drawn the attention of this

Court to many lacunas in the judgment and has also submitted that the convict

was sentenced without being heard on quantum.

7. The merits of the case can be considered in detail while considering

the suspension of sentence. However, in view of the medical emergency of

which appellant is suffering in view of his serious ailment the aspect of for

interim bail can be considered.

8. Purely on a humanitarian aspect in the considered opinion of this

Court, appellant is ordered to be admitted to interim bail to seek medical

treatment for his ailment which is not possible while being in custody. The

appellant is, thus, admitted to interim bail for a period of three months from the

date of this order, subject to the following conditions that he shall:-

i) appear before this Court on each and every date of hearing;

ii) not leave the territorial jurisdiction of this Court without

seeking prior permission;

3 Crl A (S) 4/2022

9. The appellant shall surrender before the Superintendent, of the

concerned Jail on expiry of the period of three months.

10. List for further consideration on 16.11.2022 of the suspension of the

sentence.

(M A CHOWDHARY) JUDGE Jammu 21.10.2022 Shivalee