Surinder Singh vs State Of J&K And Others

CrlM No.315/2019

We have heard Mr. Sheikh Faraz Iqbal, learned counsel for the applicant/appellant and Mr. Aseem Sawhney, learned AAG on this application seeking suspension of the sentence imposed upon the appellant pursuant to his conviction by the judgment dated 24th July, 2018 in the case arising out of FIR No.05/2014 which was registered by Police Station, Bhaderwah for commission of offences under Sections 302/498-A/201 RPC.

Mr. Faraz Iqbal, learned counsel has drawn our attention to the testimony of PW-17 Dr.Versha Sharma, who conducted the postmortem on the body of the deceased on the 7th January, 2014. Learned counsel would point out that this doctor did not record any final opinion with regard to the cause of death when she conducted the postmortem. Instead, almost six months thereafter, she has given an opinion on 3rd June, 2014 recording that the deceased had died on account of a 'head injury'. Learned counsel would contend that this opinion cannot be relied on in view of the doubt in the mind of the doctor itself who had first scribed 'may be' while recording her opinion and then scored it out as if it was a confirmed opinion.

Mr. Sheikh Faraz Iqbal, learned counsel for the applicant has also drawn our attention to the testimony of the doctor that she had not found any injury external or internal on the head of the deceased and that there is no medical evidence to support her conclusion.

It is the submission of learned counsel for the appellant that merely because the Forensic Science Laboratory had returned a report dated 3rd May, 2014 to the effect that no poison was detected in the viscera of the deceased, that the doctor has recorded the above opinion which is unsupported by any evidence at all.

Mr. Iqbal, learned counsel for the appellant argued at length that no evidence has been lead by the prosecution to connect the appellant with the commission of the crime and that there are grave discrepancies in the investigation conducted by the Investigating Officer.

In view of the above, it would appear that the appellant has made out an arguable case for consideration in the appeal.

We had called for a nominal roll from the Central Jail, Kot Bhalwal, Jammu. We have received the nominal roll of the applicant under cover of a letter dated 11th March, 2019 from the Senior Superintendent, Central Jail, Kot Bhalwal, Jammu, which shows that as on 10th March, 2019, the appellant had already undergone continuous incarceration of five years and two months. Therefore as on date, the appellant would have undergone more than six years of continuous incarceration.

The jail authorities have not reported commission of any jail offence by the appellant. Instead, we are informed that the appellant has been participating in institutional and reformation activities and that his jail conduct is good.

In view thereof, we are of the view that the sentence imposed upon the applicant/appellant deserves to be suspended during the pendency of the appeal.

We, accordingly, direct as follows:

i) Subject to applicant's furnishing the bail bonds in the sum of ₹ 50,000/- with one surety of the like amount to the satisfaction of the Registrar Judicial, the remaining sentence imposed upon the applicant by order dated 24th July, 2018 shall be suspended till further orders of this Court.

ii) After his release, the applicant shall report to the Station House Officer of the Police Station, Bhaderwah, at any time during the day light hours on the 2nd Saturday of every month.

This application is allowed in the above terms.

Copy of this order be sent to the Superintendent, Central Jail, Kot Bhalwal, Jammu and the Station House Officer, Police Station, Bhaderwah to ensure compliance.