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2020 Supreme(J&K) 173

TASHI RABSTAN
Mushtaq Ahmad Peer – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
M.M. Iqbal, Advocate, for the Appellant; Mohsin Qadri, Advocate, for the Respondents

JUDGMENT

Tashi Rabstan, J. - This is an application, moved by appellant/applicant, seeking his release on parole/interim bail in view of COVID-19 (Coronavirus) outbreak.

2. Main Appeal, being CRA no. 34/2018, challenging judgment and sentence is pending adjudication.

3. Objections have been filed by respondent Crime Branch in opposition to instant application, vehemently resisting parole/interim bail as acceding to respondent applicant does not fall in any category of prisoners whose case can be considered for release on parole in the aftermath of passing of the Supreme Court order dated 23rd March 2020 on spread of COVID 19 in jails. According to respondents, the medical procedure as required by applicant is being provided to him.

4. Heard and considered.

5. Learned counsel for appellant/applicant has stated that applicant has been convicted in terms of judgment, impugned in CRA no. 34/2018, and is presently lodged at Central Jail Srinagar. He has also averred that the Supreme Court has observed that to avert possible outbreak of transmission of Coronavirus coupled with the fact that jails in Kashmir are overcrowded, applicant deserves to be released.

6. Having regard to submission

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