Deepak Sharma vs U.T. Of J&K
2023 Latest Caselaw 2377 j&K

                                            Sr. No. 92
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
                                                Crl A(S) No. 14/2023
                                                CrlM No. 1782/2023

Deepak Sharma                                     .... Petitioner(s)/Appellant(s)

                        Through:-      Mr. P.S. Parmar, Advocate.


                  V/s

U.T. of J&K                                                 .....Respondent(s)

                        Through:-      Ms. Priyanka Bhat, Advocate vice
                                       Ms. Monika Kohli, Sr. AAG.

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

21.10.2023 CrlM No. 1782/2023

01. Learned counsel for the appellant has submitted that in the instant

case, the demand of bribe money has not been proved inasmuch as the

complainant has not supported the prosecution case in this regard before

the trial court. It has been submitted that even the independent witness has

not corroborated the recovery of tainted money from the possession of the

appellant. In this regard, the learned counsel for the appellant has taken

me through the relevant portions of the impugned judgment wherein the

learned trial court has recorded these facts.

02. In view of the above, a case for suspension of sentence and grant of

bail to the appellant is made out. Accordingly, the sentence imposed upon

the appellant in terms of the impugned judgment dated 16.10.2023 is

suspended and the appellant is directed to be released from custody

subject to the following conditions:

2|Page Crl A(S) No. 14/2023

(i) That he shall furnish surety bond in the amount of Rs. 50,000/- to

the satisfaction of the Registrar Judicial of this Court and personal

bond in the like amount to the satisfaction of the incharge of the

concerned jail.

(ii) That the appellant shall appear before the Court on each date of

hearing.

(iii) The appellant shall not leave the limits of Union Territory of

Jammu and Kashmir without prior permission of this Court.

03. The application stands disposed of.

04. The main appeal is admitted to hearing. Ms. Priyanka Bhat,

Advocate appearing vice Ms. Monika Kohli, Sr. AAG accepts notice on

behalf of respondent.

05. Trial court record be summoned and the appeal be listed for final

hearing on 25.11.2023.

(Sanjay Dhar) Judge

Jammu:

21.10.2023 Mihul