MOHAMMAD MUNSHI Vs. STATE OF J&K

JUDGEMENT

(1.) Nominal roll has been received from Superintendent, Central Jail, Kot Bhalwal, Jammu. We accord our appreciation on the manner in which the nominal roll has been recast. The only one deficiency which must be pointed out is the absence of the date of the report, which would enable this Court to determine the period of incarceration in relation to a particular date.

(2.) We have heard learned counsel for the parties. The appellant in this case was implicated in FIR No. 50/2002 which was registered on 25th of May, 2002 by Police Station, Vijaypur for the commission of offences under Sections 302/201 of Ranbir Penal Code and 3/25 of Arms Act. The appellant came to be arrested on 26th of May, 2002 in this case. The challan was presented against the applicant/appellant for the commission of offences under Sections 302/201 of Ranbir Penal Code and 3/25 of Arms Act, on which the charges were framed. The applicant/appellant pleaded not guilty and claimed trial. As an under-trial the applicant/appellant was admitted to bail from 25th of March, 2003 till his conviction vide judgment dated 24th of July, 2009, when he was again taken into custody. Vide order dated 27th of July, 2009, the applicant/appellant was sentenced to, inter alia, life imprisonment, which sentence he has been undergoing till date.

(3.) As per the nominal roll, the sentence imposed upon the applicant/appellant has been suspended twice, firstly for the period between 11th of Nov., 2013 to 23th of Nov., 2013 and thereafter recently from 12th of Dec., 2018 to 19th of Dec., 2018.