Jageet Raj vs State Of J&K
2023 Latest Caselaw 2334 j&K

                                            Sr. No. 113
       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                                         CRA No. 71/2013

Jageet Raj                                  .... Appellant(s)/Respondent(s)

                       Through:-    Mr. Vikas Sharma, Advocate.
                                    Appellant present in person.


                 V/s

State of J&K                                              .....Respondent(s)

                       Through:-     Mr. P.D. Singh, Dy.AG.

CORAM : HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                                    ORDER

18.10.2023

1. The appellant has been convicted for offence under Section 363 RPC

in terms of judgment dated 23.10.2013 passed by the learned 3rd

Additional Sessions Judge, Jammu and he has been sentenced to

undergo rigorous imprisonment for seven years and pay a fine of

Rs. 25,000/- in proof of offence under Section 376 RPC, whereas in

proof of offence under Section 363 RPC, the appellant has been

further sentenced to rigorous imprisonment of five years and a fine

of Rs. 2,000/-.

2. It appears that the appellant has served more than five years in

imprisonment and has thus, served substantial portion of sentence

imposed upon him. It also appears that vide order dated 06.12.2013,

the sentence of the appellant was suspended and he was admitted to

bail. It seems that vide order dated 14.03.2022, the bail granted to the

appellant was withdrawn and notice was issued to the surety of the

appellant, which was received back with the report that he has

2|Page CRA No. 71/2013

expired on 25.09.2018. On 18.08.2023, the appellant surrendered

before the Court and he was sent to judicial custody.

3. Today, Ashu Kumari, the daughter of the appellant has appeared in

Court and she has submitted that she is prepared to furnish fresh

surety bond for ensuring the presence of the appellant before the

Court.

4. Having regard to the fact that the appellant has already served

substantial portion of the sentence and the appeal is yet to be

admitted to hearing, the appellant is admitted to fresh bail, subject to

furnishing of surety bond in the amount of Rs. 10,000/- to the

satisfaction of the Registrar Judicial. The appellant shall execute the

personal bond in the like amount before the Incharge of the

concerned jail and he shall continue to appear before the Court on

each date of hearing.

5. The appeal is admitted to hearing. The trial court record has already

been received. List this appeal for final hearing on 30.11.2023.

(Sanjay Dhar) Judge

Jammu:

18.10.2023 Mihul