Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 67 (JK)

Altaf Ahmed Chandel v. State

2017-02-14

ALOK ARADHE

body2017
JUDGMENT : ALOK ARADHE, J. 1. Heard on M.P. No. 01/2016. Learned Counsel for the appellant submits that the appellant has been convicted for offence under Sections 363/366/376 RPC and has been sentenced to undergo seven years RI vide judgment dated 11.06.2012 passed by the trial court. It is further submitted that since 11.06.2012 till today, i.e., approximately five years, the appellant is in jail except for a period of three months when the appellant was enlarged on bail. A Bench of this Court had directed that the matter be heard finally, however, despite lapse of three years, the matter could not be heard finally. It is further submitted that in somewhat similar facts, a Bench of this had granted bail. In support of the aforesaid submissions, learned counsel for the appellant has placed reliance on order dated 24.11.2015 passed in M.P. No. 97/2014 in Criminal Appeal No. 78/2012. 2. On the other hand, learned counsel for the respondents has relied on the decision of the Supreme Court in the case of Vijay Kumar v. Narendra & Ors., MANU/SC/0477/2002 : 2002 (9) SCC 364, Sidhartha Vashisht @ Manu Sharma v. State of Delhi, 2008 (4) Supreme 486 and has submitted that the prosecutrix was minor and the fact that during the trial the accused was on bail and there was no misuse of liberty, does not per se warrant suspension of execution of sentence and grant of bail. 3. I have considered the submissions made by the learned counsel for the parties. 4. Admittedly, the appellant is in jail for a period approximately five years. A Bench of this Court had directed for final hearing of the appeal but thereafter three years have been passed, the appeal could not be heard. 5. Taking into account the fact that the appellant is in jail for a period approximately five years, it is not possible to hear the appeal in near future, I deem it appropriate to enlarge the appellant on bail on furnishing bail bond to the tune of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Registrar Judicial of this Court, subject to the following conditions: 1. That he shall remain present before this Court on each and every date of hearing. 2. That he shall not leave the territorial jurisdiction of Jammu and Kashmir State without prior permission of this Court and 3. That he shall remain present before this Court on each and every date of hearing. 2. That he shall not leave the territorial jurisdiction of Jammu and Kashmir State without prior permission of this Court and 3. That he shall not try to give a slip to law in anyway. 6. The appellant is directed to appear before the Registrar Judicial of this Court on 24.03.2017 and on such other dates as may be fixed in this regard. Accordingly, M.P. is disposed of. Disposed off.