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2022 DIGILAW 709 (JK)

Balkar Singh v. Union Territory of J&k

2022-12-15

RAHUL BHARTI

body2022
JUDGMENT Rahul Bharti, J. - CrlM No. 2152/2021 1. Through this application, the appellant/applicant is seeking suspension of sentence and consequent grant of bail to him till final disposal of main appeal filed by him against the judgment of conviction dated 29.09.2021 read with order of sentence dated 30.09.2021 passed in the Case no. 32/Session titled 'UT of J&K Vs. Balkar Singh' by the Court of learned Principal Additional Sessions Judge, Kathua whereby the appellant/applicant came to be held guilty of commission of offence under section 376 of the Ranbir Penal Code and sentenced to suffer rigorous imprisonment of eight (8) years and fine of Rs. 10,000/-. 2. With the pronouncement of the judgment of conviction and order of sentence on 29.09.2021 and 30.09.2021, the appellant/applicant came to be detained to suffer imprisonment and now for the last more than one year the appellant/applicant is in the conviction custody serving his sentence. Even during the course of trial, the appellant/applicant had remained behind bars on account of his arrest from 27.08.2016 to 03.12.2016. Thus, in total, the appellant/applicant has spent more than one and a half year now of his life time suffering imprisonment in relation to the case. The total sentence served to the appellant/applicant is of eight years. 3. The conviction of appellant/applicant has come in the background of the facts and circumstances that the complainant at whose instance FIR no. 70/2016 dated 02.08.2016 for the alleged commission of 376 Ranbir Penal Code came to be registered was in a purported state of relationship with the appellant/applicant and it is out of the said state of relationship coupled with assurance of healing the ailment of the complainant that the alleged offence of commission of rape against the complainant came to take place at the hands of appellant/applicant against the complainant-the victim. A reading of the evidence led by the prosecution does reflect a long standing acquaintanceship of the appellant/applicant with the complainant and her family members. 4. A reading of the evidence led by the prosecution does reflect a long standing acquaintanceship of the appellant/applicant with the complainant and her family members. 4. Although as per the prosecution case, the house of the complainant comprised of two rooms facility and out of that one room was being used for last 7-8 years by the appellant/applicant and the other room was used and occupied by the complainant along with her family comprising of mother, three brothers and two sisters, there are apparent gaps in the case of the prosecution on the ex facie reading of the evidence but the same can be well appreciated only at the time of final hearing of the appeal which is going to take time, given the list of pending cases ahead of the present appeal, as such it would be failure of justice to keep the appellant/applicant subject to suffer confinement during the pendency till final adjudication of the appeal, as such the appellant/applicant is held entitled to suspension of sentence and consequent grant of bail. 5. The sentence imposed upon the appellant/applicant in terms of order dated 30.09.2021 of the Court of Additional Sessions Judge, Kathua on file no. 32/Sessions is hereby suspended and the appellant/applicant is granted bail subject to furnishing furnish of personal and surety bond to the amount of Rs. 1,00,000/- (one lac) each to the satisfaction of the Superintendent of the Kot Bhalwal Jail, Jammu. 6. CrlM No. 2152/2021 stands disposed of, accordingly. 7. List the main case bearing Crl A (S) No. 17/2021 on 13.03.2022. 8. The appellant/applicant shall remain present in person on each and every date of hearing before this Court. 9. A copy of this order be forwarded to the Superintendent of the Kot Bhalwal Jail, Jammu for compliance by the Registrar Judicial, Jammu.