AI Structured Summary
Not yet generated for this judgment
Judgment
CrlM No. 649/2024:
Heard on CrlM No. 649/2024, which is an application for correction of typographical error crept in CrlM No. 415/2024, to the extent of word “Appeal” instead of “Writ Petition”.
Application, for the reasons mentioned in it, is allowed. The typographical error crept in CrlM No. 415/2024 is rectified and shall be read as “Appeal” instead of “Writ Petition. MA No. 649/2024 is disposed of.
CrlM No. 415/2024:
Heard on CrlM No. 415/2024, which is an application for grant of suspension of sentence and bail pending appeal. The appellant has already completed 16 years of the sentences of his life imprisonment. As per learned Trial Court, the charge proved is of Section 376 and 302 RPC. The victim was a 10 year old girl. Learned counsels for the appellant, Amicus Curiae as well as the learned counsel for the Union Territory have submitted that the conviction is based upon recovery of hair strands from the clothes of the deceased, which FSL report discloses is morphology similar to that of appellant. It is also stated by learned counsels for the appellant and learned Amicus Curiae that there is no last seen evidence in this case and the DNA test is inclusive.
Learned counsel for the appellant has referred to the Judgment of the Supreme Court in case titled as Saudan Singh Vs. State of Uttar Pradesh reported as 2022 SCC online SC 697 and the learned counsel for the appellant also seeks bail dehors any statutory provision only on the anvil of violation of Article 21 that if the impugned order is set aside after a period of 16 years, the injustice caused would be immeasurable, as there is no means of compensating the appellant for the imprisonment period of 16 years.
Under the circumstances, CrlM No. 415/2024 is allowed and the sentence imposed upon the appellant is suspended and he is granted the benefit of bail subject to production of personal bond of Rs. 50,000/- and one surety in the like amount to the satisfaction of the Registrar Judicial of this Court.
CrlM No. 415/2024 is disposed of.
Main appeal is taken on board. CrlA(D) No. 21/2024:
The present appeal is admitted to hearing.
The present appeal is considered as appeal under Section 410 Jammu and Kashmir Code of Criminal Procedure instead of under Section 374(2) of Cr.PC.
The office is requested to ensure that learned Amicus Curiae is paid remuneration as per rules.
List the main appeal on the top of the list on 24.09.2024.