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2025 DAILYLAW 6138 (JK)

SHEERAZ AHMAD RAINA v. AKHTAR HUSSAIN WANI

CRM(M)/45/2024 · 2025-03-14

Vinod Chatterji Koul

body2025

Judgment text

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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(for short “Appellate Court”), whereby the order dated 09.12.2023 suspending the sentence of petitioner has been withdrawn as the appellant had not deposited 10% amount of conviction order dated 16.11.2023.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