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2018 DIGILAW 1061 (JK)

Mohammad Munshi v. State of J&K

2018-12-31

GITA MITTAL, TASHI RABSTAN

body2018
JUDGMENT : Gita Mittal, J. IA No. 1/2018 1. Nominal roll has been received from Superintendent, Central Jail, Kot Bhalwal, Jammu. We accord our appreciation on the manner in which the nominal roll has been recast. The only one deficiency which must be pointed out is the absence of the date of the report, which would enable this Court to determine the period of incarceration in relation to a particular date. 2. We have heard learned counsel for the parties. The appellant in this case was implicated in FIR No. 50/2002 which was registered on 25th of May, 2002 by Police Station, Vijaypur for the commission of offences under Sections 302/201 of Ranbir Penal Code and 3/25 of Arms Act. The appellant came to be arrested on 26th of May, 2002 in this case. The challan was presented against the applicant/appellant for the commission of offences under Sections 302/201 of Ranbir Penal Code and 3/25 of Arms Act, on which the charges were framed. The applicant/appellant pleaded not guilty and claimed trial. As an under-trial the applicant/appellant was admitted to bail from 25th of March, 2003 till his conviction vide judgment dated 24th of July, 2009, when he was again taken into custody. Vide order dated 27th of July, 2009, the applicant/appellant was sentenced to, inter alia, life imprisonment, which sentence he has been undergoing till date. 3. As per the nominal roll, the sentence imposed upon the applicant/appellant has been suspended twice, firstly for the period between 11th of November, 2013 to 23th of November, 2013 and thereafter recently from 12th of December, 2018 to 19th of December, 2018. 4. As on date, as per the nominal roll, the applicant/appellant has undergone incarceration for over 10 years. 5. 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. 6. The present case on all fours falls within the principles laid down in these judgments. 6. We are inclined to accept the prayer of the applicant/appellant for suspension of sentence and allowed the application for suspension of sentence on the following conditions:- (i) Subject to appellant's furnishing 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 applicant/appellant by order dated 27th of July, 2009 shall be suspended till further orders of this Court and he shall be released from custody. (ii) Upon release, the applicant/appellant shall report to Station House Officer, Police Station, Vijaypur, during day light hours on every second Saturday. 7. This application is allowed in the above terms.