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2018 DIGILAW 1041 (JK)

Suresh Singh v. State of Jammu and Kashmir

2018-12-28

GITA MITTAL, TASHI RABSTAN

body2018
JUDGMENT : Gita Mittal, J. IA No. 1/2018 1. Report in terms of our previous order dated 10th of December, 2018 has been received from the Superintendent, Central Jail, Kot Bhalwal, Jammu. 2. We have heard learned counsel for the parties on this application for seeking suspension of sentence. Learned counsel for the appellant has strenuously contended that wife of the appellant, namely, Smt. Gita Devi suffered natural death on 13th of October, 2009. It is the submission of learned counsel for the appellant that merely on the suspicion that the appellant's wife died at home, without there being an iota of evidence to bring home the charge of her murder against him, the appellant was implicated in FIR No.53/2009 registered at Police Station, Thathri, subjected to trial and thereafter vide judgment dated 7th of September, 2018 convicted for the commission of offence under Section 302 of Ranbir Penal Code. Pursuant to the said conviction by an order of sentence dated 7th of September, 2018, the appellant stands sentenced to rigorous imprisonment for life. Our contention has been drawn to the evidence of Dr. Sushil Kumar Bhat, Medical Officer, examined as PW-2, who had conducted postmortem of the body of the deceased Smt. Gita Devi. The said Doctor has reported that no definite opinion about the cause of death could be given. Forensic Science Laboratory has also reported that no poisonous substance was detected in the body of the deceased Smt. Gita Devi. Learned counsel for the appellant has further contended that the appellant and his wife Smt. Gita Devi were blessed with two children, the elder is daughter, presently aged about 18 years, reading in class 10th and the younger is son and the entire family would be ruined in case the sentence imposed upon the appellant is not suspended. 3. The report received from the office of Superintendent, District Jail Kishtwar, discloses that during trial, the appellant was released on bail vide order dated 18th of May, 2013. The appellant appears to have been put in custody upon his conviction. The conduct of the appellant while lodged in jail is reported to be good by all the jail authorities. 4. The report received from the office of Superintendent, District Jail Kishtwar, discloses that during trial, the appellant was released on bail vide order dated 18th of May, 2013. The appellant appears to have been put in custody upon his conviction. The conduct of the appellant while lodged in jail is reported to be good by all the jail authorities. 4. It has been held in AIR 2001 SC 1528 Akhtari Bi v. State of M.P. and AIR 2017 SC 1568 Sandeep alias Raja Acharya v. State of Orissa, that in case there is no immediate possibility of hearing an appeal against the sentence of conviction, the appellate court would favorably consider the prayer for suspension of sentence of an appellant pending final adjudication in the appeal. The present case on all fours falls within the principles laid down in these judgments. 5. It is submitted by learned counsel for the appellant that the appellant has roots in society and would not flee from justice. 6. Learned counsel for the appellant further submitted that the appellant has a good case on merit and that there is no evidence at all which support his conviction. 7. We are inclined to accept the prayer of the appellant for suspension of sentence and allowed the application for suspension of sentence on the following conditions :- (i) Subject to appellant's furnishing a bail bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Registrar Judicial of this Court, the sentence imposed upon the appellant by order dated 7th of September, 2018 shall be suspended till further orders of this Court and he shall be released from custody. (ii) Upon release, the appellant shall report to Station House Officer, Police Station, Janipur, during day light hours on every second Saturday. 8. This application is allowed in the above terms.