Extracted from the PDF above. The PDF is authoritative.
S. No. 35 Regular Cause List
INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 45/2024 SHEERAZ AHMAD RAINA
…Appellant(s)/Petitioner(s) Through: Mr. Sheikh Mushtaq, Advocate Vs.
AKHTAR HUSSAIN WANI
...Respondent(s) Through: Mr. Aftab Ahmad, Advocate
CORAM:
HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE
ORDER 14.03.2025
Petitioner challenges order dated 30.12.2023, passed by Principal Sessions Judge, Shopian (for short “Appellate Court”), whereby the order dated 09.12.2023 suspending the sentence of petitioner has been withdrawn as the appellant had not deposited 10% amount of conviction order dated 16.11.2023. Mr. Aftab Ahmad, appearing counsel for respondent, fairly concedes that
order impugned has been passed by appellate court in violation of Section 362 Cr.P.C.
In view of the submissions made by learned counsel for the respondent this petition is allowed and order impugned is set-aside.
Nevertheless, petitioner shall remain present before appellate court on
26.03.2025. Appellate court shall proceed in the matter strictly in accordance with the provisions of law.
It is made clear here that if petitioner does not appear before the appellate court, it shall enforce his presence by taking necessary measures.
Disposed of as above along with connected CrlM(s).
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 14.03.2025
“Imtiyaz”
Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 24.03.2025 11:33