LAWS(MEGH)-2022-6-19

ANIL KUMAR Vs. UNION OF INDIA

Decided On June 02, 2022
ANIL KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. K.K. Singh, learned counsel for the petitioner who has submitted that a petition under Article 226 of the Constitution of India has been preferred before this Court by the petitioner against the conviction order passed by the General Assam Rifles Court, wherein in a Court-martial proceedings, the petitioner was sentenced to undergo rigorous imprisonment for one year and was also to be dismissed from service.

(2.) That the said writ petition is pending for adjudication before this Court. In the meantime, the petitioner has sought for suspension of his sentence and to be allowed to be released on bail pending disposal of the said writ petition.

(3.) It is also submitted that the petitioner has already undergone 183 days of imprisonment out of the total punishment of one year and as such, by well established principles of bail jurisprudence and also well settled pronouncement of various courts of this country, the sentence of the petitioner may be suspended at this juncture and he may be released on bail with any condition to be imposed by this Court.