State Of J&K vs Abdul Gani Code Zalam Khan & Ors
2025 Latest Caselaw 628 J&K

Jammu & Kashmir High Court

State Of J&K vs Abdul Gani Code Zalam Khan & Ors on 2 January, 2025

Author: Puneet Gupta

Bench: Puneet Gupta

                                                                        S. No. 6

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU


Case:-     CRAA No. 32/2015

State of J&K                                           .....Appellant(s)/Petitioner(s)

                    Through: None

              Vs
Abdul Gani Code Zalam Khan & Ors                                  ..... Respondent(s)

                    Through: Mr. A K Shan, Advocate

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

                                     ORDER

(02.01.2025)

01. Mr. A K Shan, learned counsel appearing for the respondents submits that

respondent no.3, who was lodged in District Jail, Kishtwar and undergoing

sentence in case FIR No. 45/2016 of Police Station, Chatroo under Sections

376, 363, 452, 506, 323 RPC is not being released by the Superintendent

District Jail, Kishtwar, on the ground that there is a direction from the

Court dated 24.11.2022 to keep him in jail till further orders.

02. We have gone through the order dated 24.11.2022 and do not find any such

direction. On 24.11.2022, the respondent No.3 was produced in custody by

ASI-Abdul Subhan and was sent back to be lodged in District Jail,

Kishtwar. Now, it has been brought to our notice that respondent No.3 has

been shifted to Central Jail, Kotbalwal, Jammu, as is evident from the

communication No. MS/CJ JKB/8073-74 dated 14.12.2024 which is taken

on record.

03. In view of the aforesaid, we clarify that the order passed by this Court on

24.11.2022 shall not be taken as an impediment for releasing of respondent

No.3 provided he has already undergone the entire sentence imposed in the

judgment of conviction arising out of FIR No. 45/2016 of Police Station,

Chatroo, Kishtwar or is otherwise not required in any other case.

04. List on 13.03.2025.

                                       (PUNEET GUPTA)                 (SANJEEV KUMAR)
                                            JUDGE                           JUDGE
             JAMMU
             02.01.2025
             Vijay