Nazira Bi And Others vs Ut Of J&K And Others
2023 Latest Caselaw 995 j&K

                                                                   Sr.No. 140


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                  Crl A(S) NO.19/2022
                                                  CrlM No.1877/2022

Nazira Bi and others                                      ....Appellant/Petitioner(s)

                   Through :- Mr. Muzaffar Iqbal Khan, Advocate

         V/s

UT of J&K and others                                              ....Respondent(s)


                   Through :- Mr. Adarsh Bhagat, GA

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

15.05.2023

CrlM No.1877/2022

1. This application has been moved by the appellants/convicts along

with the conviction appeal seeking suspension of the sentence imposed upon

them and for grant of bail in favour of the appellants/applicants, who have been

convicted by the trial Court for commission of offence under Section 304-II RPC

and sentenced to simple imprisonment of ten years each and also to a fine of

Rs.5,000/- to appellant Nos. 1 and 4, Roshan Din and Nazira Bi each and in

default of payment of fine by thyem to further undergo simple imprisonment of

six months.

2. Learned counsel for the appellant/applicants submits that the judgment

impugned, whereby the applicants have been convicted and sentenced is flawed

and is not sustainable on the touchstone of law, as the conviction has been

recorded on perfunctory evidence and also that the applicants have been

convicted and sentenced by a composite order, which is not permissible to a

Sessions Court, as the sentence cannot be imposed without affording an

opportunity of being heard to the convicts on sentence after recording

conviction.

3. Heard learned counsel for appellants/applicant as well as learned

counsel appearing for the respondents.

4. Since arguable points of legal nature have been raised by the learned

counsel for the appellants and it is also borne out from the record that the

applicants/convicts had been on bail during trial of the case, sentence imposed

on the applicants is ordered to be suspended and they are directed to be released

on bail subject to furnishing surety bonds in the sum of Rs. 50,000/- each, to the

satisfaction of Registrar Judicial of this court, with the direction to furnish

personal recognizance of like amount before Incharge/Superintendent of the jail

concerned, where the appellant/convict are presently lodged. It is further

ordered, that the appellants/convicts shall appear before this court on each and

every date of hearing, except for the reasons beyond their control, subject to

seeking of exemption from personal appearance.

5. The application stands disposed of in the above terms.

CrlA(S) No.19/2022

Send for the Trial Court record.

List on 12th July, 2023.

(M A Chowdhary) Judge

Jammu:

17.05.2023.

Vinod, PS