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| HC withdraws bail of appellant who are convicted in murder in 1992 and sent to Jail | | |
Jammu, August, 30:- Justice JP Singh of J&K High Court Jammu Wing today withdrawn the bail granted to Lal Singh appellant, who was convicted in a murder case in 1992 and in appeal against the judgment of Trial Court, High Court granted bail and suspended the sentence. After 14 years the accused sent to jail.
Today when the appeal was come up for hearing, the appellant was present in person and submitted that the case be adjourned because his counsel was not available. Advocate Ahtsham Bhat appearing for the senior counsel, too seek adjournment.
Justice JP Singh while sending the appellant to jail observed that hearing on this appeal could not be commenced because of the continued non-appearance of counsel for the appellant. At one point of time, the appellant sought opportunity to engage another counsel. He was permitted to do in terms of order April 19, 2006. The case was listed on April 21, 2006; on this date of hearing another opportunity was sought on behalf of senior counsel. This opportunity too was allowed but providing that the appellant should make appropriate arrangements for ensuring presence of his senior counsel or he should argue the appeal himself failing which appropriate order for cancellation of bail shall be passed by Court. Appellant, however, did not make any arrangement for causing the presence of his counsel. Even thereafter the case was adjourned several times because of the absence of appellant’s counsel.
Justice JP Singh took serious note of the matter and observed that in view of the continued adjournment of the appeal on almost every date of hearing, Court is of the opinion that hearing in the appeal can start only if the concession of bail granted to appellant was withdrawn as the appellant by his conduct has disentitled himself to enjoy this concession. The bail granted to the appellant by this Court, is accordingly, withdrawn and he is ordered to be taken into custody for being sent to central jail Jammu.
It is worthwhile to mention here in a murder case which took place in the year of 1989, the then First Additional Sessions Judge Jammu on September 11, 1992 has convicted and sentenced the accused. The accused against the judgment of Trial Court has filed this criminal appeal in the High Court. The High Court suspended the sentence and granted bail to the accused, which was cancelled today. |
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