Padarath Singh vs Union Territory Of J&K And Another
2025 Latest Caselaw 37 J&K

Jammu & Kashmir High Court

Padarath Singh vs Union Territory Of J&K And Another on 2 May, 2025

                                                                          Sr. No. 101

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU
Case: CrlA(S) No.11/2023
     CrlM No.1638/2023

Padarath Singh                                            ..... Petitioner/Appellant(s)

                       Through :- Mr. Prince Khanna, Advocate

                 Vs

Union Territory of J&K and another                                  .....Respondent(s)

                       Through :- Mr. Eishaan Dadhichi, GA

          CORAM:
          HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
                                       ORDER

02.05.2025

1. Heard the learned counsel for the applicant/appellant in respect of

his prayer for suspension of sentence and enlargement of applicant on bail.

Also heard the learned counsel appearing for the U.T, in the rebuttal.

Considered their rival contentions.

2. Perused the application which is supported with an affidavit. Also

perused the main appeal and the copies of the documents enclosed with the

same, especially the impugned judgment of conviction and order of sentence.

3. As per the statement of the learned counsel for the

applicant/appellant and as confirmed by the perusal of the copy of the nominal

roll requisitioned from the jail concerned, the appellant has undergone about

seven years as against the total conviction period of ten years.

4. The main appeal has also been part heard and this Court while

hesitating to comment on the merits of the case at this premature stage, is

convinced that a prima facie case is made out for suspension of the remaining

part of the sentence and the enlargement of the petitioner/appellant on bail

subject to some reasonable terms and conditions. Accordingly, the application

is allowed and the remaining part of the sentence imposed on the

petitioner/appellant is suspended, who is accordingly admitted to bail subject

to his furnishing of surety and personal bonds to the tune of Rs.50,000/- each

to the satisfaction of the learned Registrar Judicial of this Court and the

Superintendent of the Jail concerned respectively. This order shall, however,

remain subject to following conditions:-

i) That the petitioner/appellant shall ensure his punctuality at the

proceedings of the appeal;

ii) That the petitioner/appellant shall not repeat any kind of crime.

5. Disposed of.

1. The matter was part heard on yesterday.

2. Mr. Eishaan Dadhichi, learned Government Advocate representing

respondents seeks an opportunity for his arguments which is granted.

3. Registry to send for the scanned copy of the trial Court record.

4. List on 03.07.2025, higher up in the cause list.

(MOHD. YOUSUF WANI) JUDGE

JAMMU 02.05.2025 Shammi