SUNIL KUMAR AND OTHERS vs STATE OF JAMMU & KASHMIR

MP No.02/2017

Through the medium of instant bail application, applicant/ appellant No.3 namely Mst. Revo Devi alias Parsenoo, who is convicted/sentenced for the

commission of offence under Section 363 of the RPC by the trial Court, seeks suspension of sentence and grant of bail.

In the application filed, it has been stated that she has been sentenced to three years’ rigorous imprisonment and she being married having three

small school going children, her incarceration will affect her children and entire family badly. It is further stated that she was on bail even during

trial and she never misused the liberty. There is absolutely no credible evidence against her and there is also no likelihood of the appeal being heard

in near future. Â

With the afore mentioned submissions, learned counsel for applicant/appellant No.3 has prayed for suspension of sentence and grant of bail in

favour of the applicant No.3, pending disposal of the appeal.

Objections to the instant application stand filed on behalf of respondents whereby bail application of the applicant has been opposed stating that the

applicant is involved in heinous offence and subsequently convicted/sentenced by Principal Sessions Judge, Reasi vide order dated

11.11.2017/13.11.2017 respectively. It is further averred that the offence for which the applicant stands convicted is heinous in nature and against

weaker section of society, therefore, the applicant does not deserve concession of bail. The allegation against applicant/appellant No.3 is that on

09.05.2015 she insisted the prosecutrix to go for collecting firewood. Prosecutrix was taken in the Jungle. Thereafter, she made two telephonic

calls. Upon the second call, accused Nos.1 & 2 appeared and she went away. Then accused caught hold her and committed the rape for whole

night. The conduct of applicant unerringly points towards her intention of kidnapping for benefit of other accused persons. It is proved that

applicant kidnapped the prosecutrix from the lawful guardianship of PW2 (father of prosecutirx) whereas accused persons gang raped her.Â

Learned State Counsel has, thus, prayed that the bail application of the applicant be dismissed out-rightly.Â

Heard learned counsel for the applicant/appellant No.3 as well as State Counsel at length and gone through the impugned judgment/order

minutely. Â

On going through the judgment impugned minutely, it is evident that the incident is of the year 2015. The applicant was arrested on 12.05.2015

and released on bail on 10.06.2015. Again she was arrested pursuant to the judgment of the trial Court and is languishing in jail since then. So it is

ample clear that applicant No.3 has remained in jail for seven months and odd days. However, keeping in view the fact that applicant/appellant No.3

being lady having school going children and served seven months and odd days’ sentence against three years’ rigorous imprisonment awarded

by the trial Court, we, therefore suspend the sentence imposed by trial Court and grant her bail, on the following conditions:-

i) The applicant No.3. shall furnish personal bond to the tune of Rs.20,000/- with one surety of the like amount to the satisfaction of Registrar Judicial

of this Court.

ii) The applicant shall not leave the territorial jurisdiction without prior permission of this Court.

iii) The applicant shall cause her appearance on each and every date of hearing of the main appeal.

MP No.02/2017 stands disposed of in the afore mentioned terms.