JAVID AHMAD SHAH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The appellant, through the medium of this composite application, seeks suspension of sentence and grant of bail pending appeal filed by him as well as Criminal Reference received from the court of learned Principal Sessions Judge Pulwama, having been aggrieved of his conviction for the commission of offences punishable under Sec. 302 and 392 RPC vide impugned judgment dtd. 4/2/2022 in a case No. 25/Session, titled U.T of J&K Vs. Sameer Ahmad Sheikh and Ors. arising out of FIR No. 72/2011 registered at Police Station Pulwama.

(2.) The appellant herein was awarded life imprisonment under Sec. 302 RPC and one year rigorous imprisonment under Sec. 392 RPC vide order dtd. 4/2/2022. Both the sentences of imprisonment were ordered to run concurrently.

(3.) The appellant has assailed the judgment of his conviction and sentence on many grounds. Alongside appeal, application for suspension of sentence and grant of bail has also been moved by the appellant-convict, asserting therein that the appellant since his arrest on 11/4/2011 has been in continuous custody and has completed 10 years and 10 months in jail, though he is a man of clean antecedents with history of not involved in any criminal matter or case; that he has preferred an appeal against his conviction and sentence and is sure that he will succeed in the appeal; that the entire case rests on circumstantial evidence and there is no eye witness to the alleged incident; that no independent witness has been examined by the prosecution and all the witnesses were either relatives or close friends of the complainant except PW-18 Feroz Ahmad Sheikh, who had been declared as hostile; that there was unexplained delay in lodging FIR; that the trial court has failed to consider whether the approver was a reliable witness and a portion of his statement was conveniently ignored resulting in failure of justice; that there was inconsistencies in the statement of PW-19 regarding 'last seen together' theory; that the trial court has rejected the plea of defense with regard to identification parade, on the wrong premise, that the accused was known to all the witnesses; that there was a long time gap between the date of last seen together and date of death which renders the theory of 'last seen together' irrelevant; that the provisions of Sec. 342 of J&K Cr.PC pari materia to Sec. 313 of Cr.P.C were observed in breach by the trial court rendering the conviction liable to be set aside. It was, therefore, prayed that having regard to the points raised by the appellant-convict, the sentence of imprisonment is required to be suspended pending disposal of the appeal and the appellant be granted bail.