Bilal Ahmad Shah vs Ut Of Jk Through P/S Kulgam
2023 Latest Caselaw 368 j&K/2

                                                                 Sr. No. 30
                                                                 Regular Cause List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
               AT SRINAGAR

                                CrlA(D) 46/2022 c/w
                       Crl Ref (L) no. 06/2022 & CrlA(D) 45/2022


Bilal Ahmad Shah
                                                         .....Petitioner(s)/Appellant(s)

                            Through: Mr. S. T. Hussain, Sr. Advocate with
                                     Ms. Nida Nazir, Advocate
        V/s

UT of JK through P/S Kulgam
                                                         ..... Respondent(s)

                            Through: Mr. Satinder Singh, AAG

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

                                     ORDER

06.04.2023

CrlM no. 1254/2022 in CrlA(D) no. 46/2022

This is an application filed by the applicant/appellant Bilal Ahmad Shah, seeking suspension of sentence and grant of bail. The applicant/appellant is convicted by the court of Principal Sessions Judge, Kulgam for commission of offences under Section 302, 34 RPC, in respect of an incident that occurred on intervening night of 29th and 30th of June, 2009, in which a young couple was killed in a most hazardous manner leaving behind three years old kid. Pursuant to registration of FIR no. 169/2009 and FIR no. 174/2009, registered against the appellant and two others. the applicant/appellant was arrested on 16.09.2009.

The applicant/appellant remained in police/judicial custody till 16.09.2022, on which date the applicant/appellant on conviction was sentenced to life imprisonment and fine of Rs. 25000/- by the court of Principal Sessions Judge, Kulgam.

CrlA(D) 46/2022 c/w Crl Ref (L) no. 06/2022 & CrlA(D) 45/2022

Feeling aggrieved and being dissatisfied with the judgment of conviction and order of sentence passed by Principal Session Judge, Kulgam, the applicant/appellant has filed CrlA(D) no. 46/2022 (Conviction Appeal) on 29.09.2022. The applicant/appellant is therefore, in the custody of the respondents for last more than 13 years.

Application for suspension of sentence and bail is opposed by the respondents. It is submitted by the respondents that applicant is convicted for heinous offences of murder and therefore, is not entitled to concession of bail.

Having heard learned counsel for the parties and perused the record, we are of the considered view that the applicant/appellant deserves concession of bail at this stage for the following reasons:

1. As per the nominal roll submitted by the Superintendent Central Jail, Srinagar, the applicant/appellant has already undergone the sentence of more than 13 years and during his custody in jail, he has not committed any jail offence and his conduct too has remained satisfactory.

2. The appeal pertains to the year 2022 and in view of huge pendency of old criminal appeals, we see no early prospect of the appeal of the applicant being heard in near future.

3. That if, for some reasons, the appeal of the applicant/appellant is not heard for another one year, the applicant/appellant would complete 14 years in jail and in that eventuality he would even become entitled to be considered for remission by the Government.

4. That the respondents have not pointed out any exceptional or adverse circumstances to justify refusal of bail even at this stage.

Taking into consideration the facts and circumstances of the case, we are of the view that the applicant/appellant having undergone more than 13 years of imprisonment, deserves grant of bail. Accordingly, the present bail application is allowed and applicant/appellant is admitted to bail subject to

CrlA(D) 46/2022 c/w Crl Ref (L) no. 06/2022 & CrlA(D) 45/2022

furnishing of personal bond of Rs. 1.00 lac to the satisfaction of the Superintendent of the concerned jail and two sureties of like amount to the satisfaction of Registrar Judicial of this Court. The concession of bail granted to the applicant/appellant shall be subject to following conditions:

i) That the applicant/appellant shall deposit the entire amount of fine imposed by the Trial court in the Registry of this Court within a period of four weeks from the date of release from jail.

ii) That the applicant/appellant shall not leave the Union Territory of Jammu and Kashmir without the permission of this Court.

iii) That the applicant/appellant shall remain present in the Court as and when his appeal is taken up for consideration.

iv) That the applicant/appellant shall not directly or indirectly come in contact with or extend any threats to the complainant-party.

CrlM no. 1249/2022 in CrlA(D) no. 45/2022

This is an application filed by the applicant/appellant Mohammad Ishaq Shah, seeking suspension of sentence and grant of bail. The applicant/appellant is convicted by the court of Principal Sessions Judge, Kulgam for commission of offences under Section 302, 34 RPC, in respect of an incident that occurred on intervening night of 29 th and 30th of June, 2009, in which a young couple was killed in a most hazardous manner leaving behind three years old kid. Pursuant to registration of FIR no. 169/2009 and FIR no. 174/2009, registered against the appellant and two others. the applicant/appellant was arrested on 16.09.2009.

The applicant/appellant remained in police/judicial custody till 16.09.2022, on which date the applicant/appellant on conviction was

CrlA(D) 46/2022 c/w Crl Ref (L) no. 06/2022 & CrlA(D) 45/2022

sentenced to life imprisonment and fine of Rs. 25000/- by the court of Principal Sessions Judge, Kulgam.

Feeling aggrieved and being dissatisfied with the judgment of conviction and order of sentence passed by Principal Session Judge, Kulgam, the applicant/appellant has filed CrlA(D) no. 46/2022 (Conviction Appeal) on 29.09.2022. The applicant/appellant is therefore, in the custody of the respondents for last more than 13 years.

Application for suspension of sentence and bail is opposed by the respondents. It is submitted by the respondents that applicant is convicted for heinous offences of murder and therefore, is not entitled to concession of bail.

Having heard learned counsel for the parties and perused the record, we are of the considered view that the applicant/appellant deserves concession of bail at this stage for the following reasons:

1. As per the nominal roll submitted by the Superintendent Central Jail, Srinagar, the applicant/appellant has already undergone the sentence of more than 13 years and during his custody in jail, he has not committed any jail offence and his conduct too has remained satisfactory.

2. The appeal pertains to the year 2022 and in view of huge pendency of old criminal appeals, we see no early prospect of the appeal of the applicant being heard in near future.

3. That if, for some reasons, the appeal of the applicant/appellant is not heard for another one year, the applicant/appellant would complete 14 years in jail and in that eventuality he would even become entitled to be considered for remission by the Government.

4. That the respondents have not pointed out any exceptional or adverse circumstances to justify refusal of bail even at this stage.

Taking into consideration the facts and circumstances of the case, we are of the view that the applicant/appellant having undergone 13 years, 04

CrlA(D) 46/2022 c/w Crl Ref (L) no. 06/2022 & CrlA(D) 45/2022

months and 07 days of imprisonment, deserves grant of bail. Accordingly, the present bail application is allowed and applicant/appellant is admitted to bail subject to furnishing of personal bond of Rs. 1.00 lac to the satisfaction of the Superintendent of the concerned jail and two sureties of like amount to the satisfaction of Registrar Judicial of this Court. The concession of bail granted to the applicant/appellant shall be subject to following conditions:

i) That the applicant/appellant shall deposit the entire amount of fine imposed by the Trial court in the Registry of this Court within a period of four weeks from the date of release from jail.

ii) That the applicant/appellant shall not leave the Union Territory of Jammu and Kashmir without the permission of this Court.

iii) That the applicant/appellant shall remain present in the Court as and when his appeal is taken up for consideration.

iv) That the applicant/appellant shall not directly or indirectly come in contact with or extend any threats to the complainant-party.

List the main Appeal on 20.05.2023.

                                                    (PUNEET GUPTA) (SANJEEV KUMAR)
                                                          JUDGE           JUDGE

                Srinagar
                06.04.2023
                "Imtiyaz"




IMTIYAZ UL GANI
2023.04.07 11:23
I attest to the accuracy and
integrity of this document