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Judgment
Through the medium of instant application, applicant/appellant- Joginder Singh seeks suspension of conviction/sentence datedÂ
08.05.2018/09.05.2018 passed by the learned Special Judge Anti-Corruption (CBI Cases) Jammu in case FIR No.RC0042010A0002/2010 registered
with CBI/ACB Jammu under Section 120-B read with 420, 467, 468, 471 RPC & 5(2) read with 5(1)(d) of J&K Prevention of Corruption Act, 2006
and prays for release of applicant on bail, inter alia, on the ground that judgment of conviction and sentence passed against him is entirely illegal, unjust
and contrary to the facts. There is no chance of his appeal being heard in near future as the same pertains to this year only. The trial Court has
awarded sentence of 05years’ simple imprisonment under Section 120-B RPC, 02 years’ simple imprisonment under section 420 RPC, 05
years’ simple imprisonment under Section 467 RPC, 02 years’ simple imprisonment under Section 468 RPC, and 01 year’ simple
imprisonment under Section 471 RPC. All the sentences were ordered to run concurrently.
Learned counsel for the applicant/appellant submitted that in view of the pendency of cases of similar nature, there is no possibility of consideration
of the instant appeal for final hearing in near future. Learned counsel further submitted that the applicant being 70 years old is not keeping good
health. In support of his contention that Court must bestow special concern in the matter of suspending the sentence when appeal is not likely to be
disposed of expeditiously, learned counsel has relied upon decisions of Hon’ble Supreme Court in cases titled Bhagwan Rama Shinde Gosai Vs.
State of Gujarat reported in 1999 (2) R.C.R. (Criminal) 770; and Siddharth Jain Vs. State (NCT) of Delhi through Commissioner of Police reported in
2009 (2) R.C.R. (Criminal) 764
On the basis of submissions made above, learned counsel seeks suspension of sentence and release of applicant on bail.
Per contra, bail application is opposed by learned counsel representing respondent-CBI stating that the applicant has been convicted by the learned
trial Court for commission of offences and was sentenced under Section 120-B, 420, 467 468 & 471 RPC. It is submitted that the offences
committed by the applicant is against the society at large, for which, the applicant does not deserve any leniency while consideration of his bail
application. It is also submitted that there is also reasonable apprehension that in case the concession of bail is extended to the applicant/appellant at
this stage, he would abuse the liberty to subvert justice thereby thwarting the course of justice, as such, the applicant is not entitled to be released on
bail. It is further submitted that in view of gravity of accusation, nature of evidence available and severity of punishment & conviction, the instant
application is required to be rejected out rightly.    Â
Heard learned counsel for the applicant/appellant as well as learned Counsel representing respondent and considered the law on the subject.
Appeal is a continuation of trial. There are many such appeals pending, which are prior to this appeal, for arguments. So there is less chance of
final consideration of this appeal in near future. Applicant/appellant is seventy (70) years old. So keeping in view all the facts and circumstances of
this case, more particularly applicant being senior citizen (70 years old), sentences imposed by the learned trial Court are suspended and the
applicant/appellant is admitted to bail, subject to the following conditions:-
a) That the applicant/appellant-Joginder Singh, shall furnish personal bond in the amount of Rupees Fifty thousand (Rs.50,000/-) with one surety of like
amount to the satisfaction of Registrar Judicial of this Court.
b) The applicant/appellant shall not leave the State of Jammu and Kashmir without permission of this Court.
c) The applicant/appellant shall appear before this Court on each and every date of hearing.
d) Any violation of the conditions shall amount to cancellation of bail .
Accordingly, the application is allowed.Â