J&K | Appeal pending for 5 years with no chance being heard in near future is a ground for enlargement on bail

Jammu and Kashmir High Court: The Bench of Gita Mittal, CJ and Tashi Rabstan, J. allowed the application filed for seeking suspension of the sentence imposed upon the applicant on the ground that there was no chance of the appeal being heard in the near future.

The facts of the case are that the applicant was booked for the commission of offence under Sections 302/34 RPC and Sections 4/25 of Arms Act. The appellant was convicted for the same by the Trial Court. The order noted that the applicant/appellant had roots in society; his brother was serving in the Indian Army and that the family would facilitate the applicant/appellant in conforming to the societal norms if his sentence was suspended. However, taking into consideration the apprehensions expressed on behalf of the complainant the Court suspended the sentence of applicant/appellant for a period of five weeks to evaluate the conduct of the applicant/appellant while set at liberty. No complaint of any misbehavior was recorded after his release.

The Court while relying on the case of Akhtari Bi v. State of M.P., (2001) 4 SCC 355, upheld that if the appeal is pending for five years and there is no chance of an appeal being heard in near future then in such a case the applicant/appellant should be enlarged on bail. [Naresh Kumar v. State, 2019 SCC OnLine J&K 80, Order dated 29-01-2019]

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