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2025 DAILYLAW 8232 (JK)

GHULAM MOHI UD DIN WANI v. UNION TERRITORY OF J AND K AND ORS. (HOME)

Bail App/137/2025 · 2025-07-18

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

99 Supplementary HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail AppNo. 137/2025 CrlM No. 979/2025 Ghulam Mohiu d din Wani …..Petitioner (s) Through: Ms. Saba Gulzar, Adv. V/s Union Territory of J&K & Ors ….. Respondent(s) Through: . Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 18.07.2025 This is an application filed by the petitioner seeking bail/remission of sentence. Heard learned counsel for the petitioner and perused the record. It appears that the petitioner has been convicted of offences under Section 302 read with Sections 34 and 449 of RPC in terms of the judgment passed by the learned Principal Sessions Judge, Kupwara on 02.09.2009. It also appears that the said judgment has been upheld by this Court and ultimately by the Supreme Court vide judgment dated 15.09.2016. The Supreme Court, while commuting death sentence of the petitioner to life imprisonment, has upheld conviction of the petitioner. It is trite law that a convict cannot approach the court for grant of bail and the only course available to him is to approach the Government in terms of Section 432 of Cr.PC/473 of BNSS for remission of his sentence. The power of remission is vested with the Government and not with the court. Therefore, while dismissing this petition, liberty is granted to the petitioner to approach the Government for seeking remission of sentence. (Sanjay Dhar) Judge SRINAGAR 18.07.2025 Aasif