Rajesh Pandoh vs. The State Of Jammu And Kashmir Now U. T Of J And K

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 984 OF 2022 (SLP (Crl.) No(s). 3032/2022)

RAJESH PANDOH APPELLANT

VERSUS

THE STATE OF JAMMU AND KASHMIR NOW U.T OF J AND K & ANR. RESPONDENTS

O R D E R

Leave granted.

In view of the admitted position that the appellant has undergone incarceration for more than 13 years, and the appeal preferred by the appellant is pending for consideration before the High Court, it would have been appropriate and better if the appeal was taken up for hearing, rather than the application for suspension of sentence, which has been dismissed. Accordingly, we allow the present appeal and direct the suspension of sentence of the appellant on terms and conditions to be fixed by the trial court. The High Court would be entitled to recall this order in case any adjournment is sought on behalf of the appellant at the time of hearing of the appeal.

The impugned order is set aside and the appeal is allowed in the aforesaid terms. Digitally signed by SONIA BHASIN Date: 2022.07.18 18:45:48 IST Reason: Signature Not Verified

All pending applications stand disposed of.

……………………………………………. .J. [SANJIV KHANNA]

……………………………………………. .J. [ BELA M. TRIVEDI]

NEW DELHI; JULY 18, 2022

ITEM NO.24 COURT NO.14 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3032/2022

(Arising out of impugned final judgment and order dated 02-06-2021 in Crl M No. 927/2020 in CrlA(D) No. 40/2019 passed by the High Court of Jammu & Kashmir and Ladakh at Jammu)

RAJESH PANDOH Petitioner(s)

VERSUS

THE STATE OF JAMMU AND KASHMIR NOW U.T OF J AND K & ANR. Respondent(s)

(Interim bail in prayer )

Date : 18-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI

• For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv. Mr. Anupam Raina, AOR Mr. M.P. Parthiban, Adv. Mr. A.S. Vairawan, Adv. Mr. Y. Aruna Giri, Adv. Mr. Sunanda Raha, Adv.
• For Respondent(s) Ms. Taruna A. Prasad, AOR Mr. Ananya Sahu, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed and directed the suspension of sentence of the appellant in terms of the signed order.

(SONIA BHASIN) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR [Signed Order is placed on the file]