Serial No. 03 Supplementary-1 Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 333/2025 CrlM No. 799/2025 Abdul Rashid Ganie … Petitioner(s) Through: - Mr Nisar Ahmad Bhat, Advocate. V/s Javaid Ahmad Wani & Anr. … Respondent(s) CORAM: HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE. (ORDER) 24.06.2025 01. Heard learned Counsel for the Petitioner. 02. From the perusal of the pleadings available on record, it seems that the Petitioner has been convicted by the Court of learned Sub-Judge/ Judicial Magistrate, Kupwara in a complaint titled ‘Abdul Rashid Ganaie v. Javid Ahmad Wani & Anr.’, arising out of Section 138 of the Negotiable Instruments Act, and sentenced to undergo two years simple imprisonment, apart from payment of fine imposed by virtue of Judgment dated 28th of May, 2025. 03. It seems that the Petitioner, after being convicted in the aforesaid case, filed an application before the learned trial Court seeking his enlargement on bail so as to prefer an appeal against the said Judgment of conviction and sentence passed by the learned trial Court in terms of Section 430 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. CRM (M) No. 333/2025 CrlM No. 799/2025 04. Accordingly, the learned trial Court, vide Order dated 28th of May, 2025, admitted the Petitioner to bail in terms of Section 430 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, inter alia, on the condition that the accused/ Petitioner herein shall file an undertaking submitting therein that in case he fails to file the appeal within a period of thirty (30) days, he shall surrender before the Court. It has been further ordered by the learned trial Court that the sentence of imprisonment shall be deemed to have been suspended till the period of thirty (30) days or till the time the accused/ Petitioner herein files an appeal, whichever is earlier. 05. Since, the Order dated 28th of May, 2025, whereby the sentence of the accused/ Petitioner herein was suspended and he was admitted to bail, was subservient to the condition that the said Order shall remain in force for a period of thirty (30) days or till the accused/ Petitioner herein files the appeal, as such, according to the Petitioner, he filed the appeal before the Court of learned Principal Sessions Judge, Kupwara on 10th of June, 2025, along with an application seeking suspension of sentence, but despite the learned Appellate Court having been apprised about the conditional order of bail and suspension of sentence by the trial Court, the learned Appellate Court only issued notice simplicitor meaning thereby that the conditional order of bail and suspension of sentence passed by the learned trial Court has lost its validity, because same was subservient to the twin conditions viz. it will remain in force either till a period of thirty (30) days or filing of the appeal by the accused/ Petitioner herein, whichever is earlier. 06. It is true that once an appeal against the Judgment of conviction and sentence is preferred, the Order suspending the sentence gets lapsed and, as a corollary thereto, the protection granted to the accused by the trial Court in terms of Section 430 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 also comes to an end. However, Section 430 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the power of the Court to release a convict on bail and to suspend the sentence of imprisonment in case the accused is sentenced to imprisonment CRM (M) No. 333/2025 CrlM No. 799/2025 for a term not exceeding three years. Therefore, Section 430 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is a statutory protection available to an accused who is convicted and sentenced to imprisonment not exceeding three years and same cannot be denied, unless and until there is any other statutory bar. 07. In the instant case, a perusal of Order dated 10th of June, 2025 passed by the learned Appellate Court on presentation of appeal filed by the accused/ Petitioner against his conviction and sentence shows that only summon has been issued to the accused/ Petitioner and the matter was posted for further hearing, without considering the mandate of Section 430 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and the conditional order passed by the learned trial Court. Once a statutory protection is available to an accused/ Petitioner, then there is no question of denying the same to the accused/ Petitioner and, therefore, it was expected of the learned Appellate Court to be vigilant of the rights of the accused/ Petitioner, particularly when same are touching upon his liberty. 08. In the light of the aforesaid factual and legal position obtaining in the matter, it is ordered that the sentence awarded to the Petitioner by the learned trial Court vide Judgment dated 28th of May, 2025 is suspended and the Petitioner is admitted to bail subject to furnishing of bail bonds to the tune of Rs. 1.00 lacs, with one surety each in like amount, to the satisfaction of the learned Appellate Court, subject to the following conditions: i. That the Petitioner shall appear before the Appellate Court on each and every date of hearing; ii. That the Petitioner shall not tamper with the prosecution evidence in any manner whatsoever; iii. That the Petitioner shall not leave the territorial jurisdiction of the Appellate Court without prior permission of the said Court; and CRM (M) No. 333/2025 CrlM No. 799/2025 iv. That the Appellate Court shall be well within its rights to cancel the grant of bail in favour of the Petitioner in the event the Petitioner is found to have violated any of the terms and conditions of bail granted in his favour. 09. Disposed of, along with the connected CrlM. (SHAHZAD AZEEM) JUDGE SRINAGAR 24th June, 2025 “TAHIR”