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2017 DIGILAW 355 (JK)

Sunny Sharma v. State through SSP, Reasi

2017-07-17

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : Alok Aradhe, J. MP No. 01/2017 & MP No. 02/2016 Heard on MP No.1/2017, an application for suspension of sentence and for grant of bail to appellant No.1 as well as MP No.2/2016, an application for suspension of sentence and release on bail to appellant No.2. Learned counsel for the appellant No.1 submitted that the appellant is in jail since 26.12.2008 and the entire prosecution story is based on circumstantial evidence. It is further submitted that appellant No.1 is suffering from Psychiatric illness which fact is also fortified from the report which has been submitted by Medical Superintendent. It is also submitted that the appellant No.1 has attempted suicide once while in custody and is likely to commit suicide as per the reports submitted by the Medical Superintendent. Therefore, the appellant No.1 requires the care and attention of his family members. 2. Learned counsel for the appellant No.2 submitted that the appellant No.2 has been roped in, in the alleged offence with the help of Section 34 of the RPC. However, there is no evidence on record to prove the ingredients of Section 34 of the RPC. It is further submitted that the recovery of weapon of offence from the appellant No.2 is not proved by the Statements of PW-Attar Singh and PW-Amar Nath. 3. On the other hand, Mr. Ahtsham Bhat, learned GA has submitted that the appellants have murdered the deceased and it is a cold blooded murder. It is further submitted that there is material available on record to show the involvement of the appellants in the offence alleged against them. 4. We have considered the submissions made by the learned counsel for the parties. Admittedly, the appellants are in jail since 26.12.2008 and 27.12.2008. It is not in dispute that the appellant No.1 is suffering from psychiatric illness and has attempted suicide once while in custody which is evident from the medical report. He has the suicidal tendencies and therefore, needs the care and attention of his family members. Prima facie, so far as the appellant No.2 is concerned, we are satisfied that there is no material on record to satisfy the ingredients of Section 34 of the RPC. 5. He has the suicidal tendencies and therefore, needs the care and attention of his family members. Prima facie, so far as the appellant No.2 is concerned, we are satisfied that there is no material on record to satisfy the ingredients of Section 34 of the RPC. 5. In view of the aforementioned reasons, we are inclined to suspend the sentence of the appellants and to enlarge them on bail, subject to the following conditions: (1) That the appellants shall furnish bail bond of Rs.50,000/- (Rs. Fifty thousand) to the satisfaction of Registrar Judicial and the personal bond of the like amount to the satisfaction of the In-charge, Superintendent Jail concerned. (2) That the appellants shall appear before Registrar Judicial of this Court on 27.09.2017 and on such other dates as may be fixed in this regard. (3) That the appellants/accused shall not leave the State without permission of Registrar Judicial. Accordingly, both the MPs are allowed.