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2017 DIGILAW 356 (JK)

Thoru Ram v. State of J&K

2017-07-17

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : MP No. 01/2015 1. This is an application seeking suspension of sentence and for grant of bail on behalf of appellant Nos. 2 to 4. 2. Learned senior counsel for the appellants submitted that the appellants are in jail since 08.08.20008 and there is no possibility of appeal being heard in near future. It is submitted that the appellant No. 4 not even named in the First Information Report and the medical evidence on record shows that the injuries on the person of the deceased could have been caused by the use of blunt weapon. It is further submitted that there is discrepancies in place of occurrence in the evidence of the witnesses. In support of his submissions, learned senior counsel has referred to the decision of the Supreme Court in the case of Sunil Kumar v. Vipin Kumar (2014) 8 SCC 868 . 3. On the other hand, learned Dy. AG has invited our attention to the prosecution evidences, namely, Sikander Singh, Ajay Chouhan, Kuldeep Sharma and Mohd Saleem and submitted that the aforesaid witnesses have fully supported the prosecution case regarding involvement of the appellants with the commission of offence. Therefore, the appellants are not entitled to be enlarged on bail. 4. We have considered the submissions made by the learned counsel for the parties and perused the record. It is pertinent to mention here that initially appellants had submitted application for bail and this Court vide order dated 15.09.2014 granted bail in respect of appellant 1 & 5 alone and the application in respect of remaining appellants was rejected. There has been no change in circumstances so as to take a different view. The decision relied by the learned senior counsel in the case of Sunil Kumar (supra) is of no assistance to him to the fact situation of the case. In the aforesaid decision, the respondents were enlarged on bail and they did not misuse the liberty. In the aforesaid context, observations were made by the Supreme Court. However, liberty is granted to the appellants to 2 to 4 to review the prayer for grant of bail. 5. With the aforesaid liberty, MP is disposed of.