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Accused convicted in rape case
HC suspends sentence, grants bail
5/18/2007 11:44:41 PM


JAMMU, MAY 18
Justice Virender Singh of Jammu & Kashmir High Court Jammu wing in a criminal appeal filed against the conviction u/s 376/456 RPC dated April 21, 2006, today allowed the application and suspended the detention passed by the Trial Court and ordered to release the applicant on bail on his furnishing personal bond of Rs 50,000 with one surety of like amount to the satisfaction of Registrar Judicial of the High Court Jammu wing.
Convict Raman Massi filed this criminal appeal through Advocate Gagan Basotra for suspension of sentence during the pendency of the appeal. During the course of arguments Advocate Gagan Basotra submitted that there are certain vital flaws in the impugned judgment and one of them that the Trial Court has relied upon ossification test in favour of the prosecution whereas the said report was not at all proved by the prosecution during the trial. Deputy Advocate General Mr. Vinod Bakshi opposed the bail application on various grounds.
Justice Virender Singh, after hearing both the sides, observed that having regard to the facts of the case and without expressing any opinion on the merits of the appeal at this juncture, least it may prejudice the case of the either side at the relevant stage, Court is of the view that further detention of appellant is uncalled for. The instant application is allowed and sentence imposed upon the appellant is suspended. During the pendency of the appeal, he be released on bail on his furnishing personal bond of Rs 50,000 with one surety of like amount to the satisfaction of Registrar Judicial of the High Court Jammu wing, the Judge ordered.
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