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2017 DIGILAW 427 (JK)

Bhuvnesh Singh v. State

2017-07-25

ALOK ARADHE, SANJEEV KUMAR

body2017
JUDGMENT : MP No. 01/2015 1. Heard. 2. This is an application seeking suspension of sentence and for grant of bail to the appellant No. 2. 3. Learned senior counsel for appellant No. 2 submitted that appellant No. 2, namely, Bhuvnesh Singh is in custody since 2007 and till then more than 10 years have been passed. It is submitted that there is no likelihood of appeal being heard in near future. It is also submitted that deceased was died due to injuries caused by appellant No. 1, Pardeep Singh, who had already been enlarged on bail being a juvenile. It is submitted that appellant is also entitled to be enlarged on bail. On the other hand, Mr. Sanjeev Padha, learned Government Advocate has opposed the prayer for grant of bail. 4. We have considered the submissions made by the learned counsel for the parties and have perused the record and have also considered the judgment delivered by the Supreme Court in case of Bhim Singh Vs. Union of India & Ors. in Writ Petition (Cri.) No.310 of 2005 as well as judgment delivered by the Division Bench of this Court dated 03.06.2016 in Criminal Appeal No. 03/2013, Ravidner Singh and ors. vs. State, wherein the Division Bench has held that normally when the accused/appellant has remained in jail for a period of more than 10 years and there is no likelihood of appeal being heard in near future, the appellant should be released on bail. In addition, we have also considered the law laid down by the Supreme Court in case of Akhtari Bi v. State of MP, (2001) 4 SCC 355 . 5. In view of the aforesaid proposition of law laid down by the Supreme Court as well as the Division Bench of this Court and taking into account the fact that appellant No. 2 is in jail for the past about 10 years and there is no likelihood of appeal being heard in near future, as the appeals of years 2004 are being heard, we deem it appropriate to enlarge the appellant No. 2 on bail, subject to the following conditions: (a) That appellant No. 2 shall furnish personal bond in the amount of Rs.50,000/- with two sureties of like amount to the satisfaction of Registrar Judicial of this Court. (b) That he shall not leave the State of Jammu and Kashmir without permission of this Court (c) That he shall appear before this Court on each and every date of hearing. Accordingly, the bail application is allowed.