Mohammad Ashraf Dar vs Ut Through Sho Ps Rajbagh Srinagar
2023 Latest Caselaw 746 j&K/2

                                                     S. No. 147
                                                     Supplementary List
      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                 AT SRINAGAR
                                                             CrlA(S) No. 2/2023
                                                             CrlM No. 658/2023

Mohammad Ashraf Dar                                          .....Appellant(s)

                         Through:       Mr. M. I. Qadiri, Sr. Adv.
                                        with Mr. Naveed Gull, Adv.
      V/s
UT through SHO PS Rajbagh Srinagar                  ..... Respondent(s)

                         Through:
CORAM:
             Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                    ORDER

14.06.2023 CrlA(S) No. 02/2023:

Issue notice to the respondents. Notice be sent to the respondent

through Mr. Zahid Dar, learned Dy. AG. Learned counsel for the appellant

shall furnish a copy of the appeal to Mr. Zahid Dar, learned Dy. AG

enabling him to file his response by next date of hearing.

List on 21.07.2023.

CrlM No. 658/2023:

This is an application seeking suspension of sentence and for grant of

bail to the appellant.

Learned Senior Counsel for the appellant has submitted that during

the investigation/trial of the case, the appellant has already undergone

custody of about one year out of three years of imprisonment that has been

imposed upon him vide the impugned judgment. It has been further Page |2 CrlA(S) No. 2/2023 CrlM No. 658/2023

submitted that the appellant is an old man aged about 63 years and as such, a

lenient view in the matter deserves to be taken. He has further submitted

that the appellant is sure to succeed on merits.

Having regard to the submission made by learned Senior Counsel

appearing for the appellant, a case for grant of interim indulgence is made

out.

Issue notice to the respondents.

Notice be sent to respondents through Mr. Zahid Dar, learned Dy.

AG.

Till the next date of hearing before the Bench, the sentence imposed

upon the appellant is suspended and he is admitted to interim bail subject to

following conditions:

i. That he shall furnish personal bonds with a surety bonds in the

amount of Rs. 50,000/- each to the satisfaction of the Registrar

Judicial of this Court

ii. That he shall appear before the court either in person nor through

counsel on each and every date of hearing.

iii. That he shall not leave the limits of Union Territory of Jammu and

Kashmir except with the prior permission of this Court.

List as above.

(Sanjay Dhar) Judge SRINAGAR 14.06.2023 "Aasif"