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J&K and Ladakh High Court Ends 46-Year Case, Treats Sentence as Served

Invoking appellate delay alongside the constitutional right to a speedy appeal, the court chose reform-focused relief.

Overview

  • Justice Sanjay Parihar ordered that the substantive sentence be deemed already undergone, imposing a ₹5,000 fine with a default of three months’ simple imprisonment.
  • The appeal had been pending since 2009 after a 2009 conviction for a 1979 incident, following a trial that itself lasted more than three decades.
  • The court affirmed that the right to a speedy trial under Article 21 extends to appellate proceedings and factored that principle into the outcome.
  • Reformative sentencing guided the decision, with the judge finding no useful purpose in further incarceration given the appellant’s age, infirmities, modest means, and remote Uri residence.
  • The offence was found to have occurred in the heat of the moment without premeditation; the appellant did not contest the conviction at admission, and the State never pursued its indicated appeal.