(Bela M. Trivedi and Prasanna B. Varale, JJ.)
Jitender Kumar alias Jonny ____________________________ Appellant;
v.
State of Himachal Pradesh ___________________________ Respondent.
Criminal Appeal No. of 2025 (Arising out of SLP(Criminal) No. 339/2025), decided on April 16, 2025
The Judgement of the court was delivered by
Judgment
1. Leave granted.
2. This appeal, preferred by the appellant, is directed against the impugned judgment and order dated 05.09.2024, passed by the High Court of Himachal Pradesh at Shimla in the application being Cr.M.P. No. 3189 of 2024 in Criminal Appeal No. 381 of 2024, whereby the High Court has dismissed the said application filed by the present appellant, seeking suspension of sentence awarded by the Trial Court in connection with the Sessions Trial No. 8 of 2017.
3. Having heard the learned counsels for the parties, it appears that the appellant has been convicted by the Trial Court for the offence punishable under Sections 302, 323 and 506 of the Indian Penal Code and directed the appellant to undergo sentence of imprisonment for life.
4. It is true that the present appellant has been convicted for the serious offence under Section-302 of IPC, and the initial presumption of innocence is no more available to the appellant but, having regard to the fact that the appellant has been convicted in the case based on circumstantial evidence and he has already undergone more than 07 years of sentence. There is also no possibility of the appeal being heard by the High Court in near future. We, therefore, are inclined to accept the present appeal.
5. In view of the above, the appeal is allowed.
6. Accordingly, the appellant is directed to be released on bail, if not required in any other case, in connection with the Sessions Trial No. 8 of 2017 till the pendency of the appeal before the High Court. However, the appellant is directed to co-operate with the High Court in hearing the appeal expeditiously.
7. Pending application(s), if any, shall stand closed.
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