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| DB rejects bail, refuses to suspend life-imprisonment sentence | | |
Early Times Report
Jammu, Sept 13: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Ali Mohammad Magrey and Justice Mohammad Akram Chowdhary today refused to suspend the life-imprisonment and rejected the bail application of one Javed Ahmed Shah who was convicted by Principal Sessions Judge Pulwama in February 2022.
The case projected by the prosecution was that Sameer had administered fatal blow upon the head of the victim Khursheed who was a BA 2nd year student of Maxwell Public college Pulwama while the accused Javid was holding his legs in the tin shed of the accused-turned approver, Abdul Rashid Dar at Murran Pulwama on the fateful day.
The DB while rejecting the plea of the petitioner, observed that the appeal which was filed on 04.02.2022 cannot be said to be pending for the last 4/5 years as required by the Hon'ble Apex Court. We are also of the opinion that the Criminal Appeals of under-trials (life convicts) or the persons who are in custody for longer duration, will not take much of the time to be heard finally. There is no difficulty in hearing this appeal after ministerial formalities of preparing and furnishing of paper-book to the concerned parties are completed. Since there is a positive finding of the trial court that the case has been proved by the prosecution based on formidable, circumstantial as well as oral evidence supported by medical and forensic evidence, therefore, appellant on his conviction cannot raise a plea of being innocent as the presumption of innocence in the appeal is not available to the appellant as is available to an accused before the trial court.
With these observations, DB is of considered opinion that the appellant has failed to make out a prima facie case for suspension of sentence and grant of bail in his favour. (JNF) |
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