Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 712 (JK)

Sonu Kumar v. State through P/S Domana

2017-08-22

ALOK ARADHE, B.S.WALIA

body2017
JUDGMENT : Alok Aradhe, J. Heard on MP No. 143/2014, an application for suspension of sentence and for grant of bail. 2. Learned counsel for the appellant/applicant submits that the appellant has been roped in, in the offence under Section 302 of the RPC with the help of Section 34 of the RPC. It is further submitted that as per the prosecution case, the appellant had only called the deceased up to the gate on the pretext of some private business and as soon as the deceased reached, the other accused persons Surjeet Singh and Deepak Singh who were already hiding there, assaulted the deceased with Kirch and stabbed him due to which he sustained injuries. It is further submitted that the appellant is in jail for past more than nine years and there is no likelihood of appeal being heard in the near future. It is further submitted that the main accused who had assaulted the deceased have already been acquitted by the Trial Court. In support of aforesaid submissions, learned counsel for the appellant has placed reliance on the decision of the Supreme Court in the case of Baikuntha Nath Chaudhury v. The State of Orissa, AIR 1973 SC 2337 . 3. On the other hand, Mr. S S Nanda, learned Senior Additional Advocate General has submitted that the appellant has been convicted for offence in question and sentence of life imprisonment has been imposed on him. Therefore, he does not deserve to be enlarged on bail. It is further submitted that there is enough material on record against the appellant to show his involvement in the commission of the offence. 4. we have considered the submissions made by learned counsel for both the parties and have also considered the law laid down by the Supreme Court in case of Akhtari Bi v. State of MP, (2001) 4 SCC 355 . Besides it is pertinent to mention that the main accused who had assaulted the deceased have already been acquitted by the Trial Court on same set of evidence. Besides it is pertinent to mention that the main accused who had assaulted the deceased have already been acquitted by the Trial Court on same set of evidence. Therefore, in view of law laid down by the Supreme Court in the case of Baikuntha Nath Choudhury (supra) as well as taking into account the period of detention of the appellant/applicant, we are inclined to enlarge the applicant on bail subject to the following conditions: (a) That the appellant/applicant shall furnish personal bond in the amount of Rs.50,000/- with two sureties of like amount each 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 disposed of.