HC Suspends Sentence Of 2 Brothers Facing Lifer For Murder 

SRINAGAR — The Jammu and Kashmir High Court on Wednesday suspended sentence of two brothers, who were in prison for seven years having been convicted in a murder case by a trial court here.    

“Subject to the appellants’ (brothers) submitting a personal bond in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the trial court, the remaining sentence of the applicants/appellants shall remain suspended,” a division bench of Chief Justice Gita Mittal and Justice Alok Aradhe ordered.

The appellants, the court said shall report to SHO, Police Station, Kangan, at any time between 10.00 am to 4.00 pm on the second Saturday of each month. 

“The appellants shall not leave the State of J&K without prior intimation thereof to the SHO concerned.” 

They had stated in the application before the court that they were convicted for commission of offences in the case arising out of FIR no 85/2000 registered by Police Station, Kangan, under Sections 302, 392 RPC read with Section 34 RPC by the judgment on 30 September, 2008 and sentenced to life imprisonment by the order on 4 October 2008.

So far as their custody is concerned, it was submitted that they were arrested on 19.10.2000 by the police and were put in judicial custody from 15.11.2000.

The appellants had assailed the judgment of the Sessions Court, Srinagar, by way of the Criminal Appeal no. 2 of 2009 which appeal is pending consideration till date.

The applicants also stated that on applications made by them, one of them Latif Khatana was released on parole in exercise of powers under the J&K Good Conduct of Temporary Release Act, 1978 by the order dated 20th April, 2015.

The order of parole, in so far as another one—Gani Khatana was concerned, was passed on 24th September, 2014 by the Director General of Police (Prisons).

According to a report by jail authorities, it is submitted that during the release of prisoners on parole, the villagers of the area where the prisoners are residing were of the opinion that the behavior/activities of the prisoners was found satisfactory and insisted that rest of the sentence may be remitted in their favour.  

Also District Magistrate, Ganderbal on January, 2016 stated the families are in bad condition.  

 

 

 

 

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