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Judgment
The appellant is aggrieved of the judgment and order dated 07.01.2021 passed by the learned Principal Sessions Judge, Rajouri in file No. 49/Sessions
by virtue of which the appellant has been convicted for commission of offence punishable under section 307 RPC and has been sentenced to undergo
simple imprisonment for a period of five years and also to pay a fine of Rs.5000/-.
Learned senior counsel appearing for the appellant has raised various legal as well as factual issues, those require adjudication.
Admit.
Issue post admission notice. Mr. A. M. Malik, Dy. AG accepts notice on behalf of respondent.
Call for the trial court record.
Registry to prepare paper book and supply copy of the same to the learned counsel the parties.
List for final hearing on 25.03.2021.
The present application has been filed seeking suspension of sentence and grant of bail.
It is pleaded by the appellant that the applicant/appellant is 78 years of age and a urological patient. The appellant has also placed on record his
medical record. Learned senior counsel submits that during the course of trial, the petitioner all along remained on bail and has regularly attended the
proceedings of the trial court.
Objections stand filed in which it is stated that the appellant has been convicted after full-fledged trial and he has been given due medical treatment
during custody as well.
Heard learned counsel for the parties and considered the matter.
The age of the appellant is 78 years and the same also has not been disputed by the respondent. It is also not in dispute that the appellant is a
urological patient. Taking into consideration the old age of the appellant and also that he all along remained on bail during trial that continued for a
period of 12 years as the challan was produced before the concerned Magistrate on 15.07.2008, this Court is of the opinion that this is a fit case in
which the sentence awarded to the appellant is required to be suspended during pendency of this appeal as the disposal of the appeal may take some
time.
In view of the above, the sentence awarded to the appellant vide judgement dated 07.01.2021 is suspended during pendency of this appeal and he is
granted bail, subject to following conditions.
 (i) subject to furnishing of personal bond and bail bond to the tune of Rs. 50,000/- each along with one surety to the like amount to the satisfaction of
the Registrar Judicial.
(ii) he shall not leave the territory of Union Territory of Jammu and Kashmir without permission of this Court.
(iii) he shall appear before this Court on each and every date of hearing. Application stands disposed of.