HC suspends 10-year sentence, grants bail to Doda man during appeal

06/09/2026

JAMMU, Sep 5: The High Court of Jammu and Kashmir and Ladakh has suspended the sentence of a man convicted in a case under Sections 304 Part-I, 307 and 458 of the Ranbir Penal Code and admitted him to bail during the pendency of his appeal.
Justice Shahzad Azeem passed the order in Crl A(S) No. 03/2026, observing that the appeal raised debatable issues requiring a detailed hearing and was not likely to be taken up at an early date.
The appellant, Sanjay Kumar of Batoli in Doda district, had challenged the judgment of conviction and order of sentence dated November 12, 2025, passed by the Sessions Judge, Bhaderwah. He had been sentenced to 10 years' imprisonment each under Sections 304 Part-I and 307 RPC and two years under Section 458 RPC, besides fine.
Opposing the plea, the respondents argued that, considering the nature of the offences and the severity of the sentence, there was a possibility of the appellant absconding if released on bail. They also pointed out that he had earlier absconded and contended that his conduct disentitled him to the relief.
The appellant's counsel, however, challenged the trial court judgment on several grounds, including material contradictions in the statements of eyewitnesses and discrepancies in the evidence of prosecution witnesses. It was also argued that the prosecution had substantially relied upon interested witnesses and that the trial court had failed to properly consider the contradictions in the evidence.
The High Court said the appeal involved debatable questions of fact and law which required a full-dress hearing. It also noted that the appeal was not likely to be heard soon.
Referring to the Supreme Court judgments in Sonadhar v State of Chhattisgarh and Saudan Singh v State of Uttar Pradesh, the court noted that, in cases other than those involving life sentences, around 50 per cent of the actual sentence undergone can be considered as a broad parameter for granting bail.
The custody certificate showed that the appellant had undergone six years and 18 months of imprisonment, which the High Court held fell within the said 50 per cent parameter. The court further noted that he had remained on bail or furlough for two years and two months between August 26, 2021 and November 22, 2023, with no reported violation of the bail conditions.
Rejecting the respondents' apprehension that the appellant might abscond if released, the court held that he was entitled to the benefit of the Supreme Court's observations regarding suspension of sentence during the pendency of the appeal.
The court also relied upon the Supreme Court's judgment in Bhagwan Rama Shinde Gosai and others v State of Gujarat, observing that where an appeal cannot be heard expeditiously, the appellate court must give special consideration to suspension of sentence to make the right of appeal meaningful and effective.
Accordingly, the High Court suspended the sentence and admitted Kumar to bail subject to conditions, including furnishing a personal bond of Rs 50,000 and two surety bonds of Rs 50,000 each. He has also been directed not to leave the territorial jurisdiction of the court, remain present whenever the appeal is taken up and not directly or indirectly threaten any witness.
The appeal has been listed for further consideration on September 22, 2026.

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