'Heinous Offence Against A Serving Law Officer': Jammu & Kashmir HC Refuses To Suspend Sentence Of 3 Convicts In Deputy Advocate General Murder Case

The Jammu and Kashmir High Court has refused to suspend the sentence for the three convicts in the 2008 Deputy Advocate General Murder case.

A Division Bench comprising of Justices Tashi Rabstan and Justice Javed Iqbal Wani said it cannot overlook the fact that the accused-applicants have been held guilty and convicted for commission of a "heinous offence against the then serving Law Officer".

It further noted that they were convicted "after a full dressed trial" for about twelve years by the Trial Court upon evaluation of ocular, circumstantial, medical and scientific evidence.
It reiterated that power of suspension of sentence by Appellate Court under Section 389 CrPC confers 'discretionary jurisdiction' and has to be "exercised sparingly".
The trio— Vishal Sharma, Ashok Kumar and Amrish Kajuria, were convicted for criminal conspiracy and murder of Ajit Dogra, the then Deputy Advocate General of Jammu and Kashmir.
They were sentenced to life by a Court of Additional Sessions Judge, Jammu in July 2020.
The crime is said to be committed due to bad blood arising out of a land-grabbing issue. As per the FIR, the DAG had lodged a complaint against the accused for fraudulently selling the land of one Haqiqat Raju through forged documents. In backlash, the accused intercepted the DAG's car and attacked him with sharp edged weapons, leading to his death in a Delhi hospital.
The applicant-accused had also applied for bail on the premise that they have been under incarceration for the last more than 10 years and there is no possibility of adjudication/disposal of their respective appeals by the Court in near future.
"A conjoint reading of the applications in hand would reveal that in none of the said applications the applicants have spelt out any cogent ground giving rise to substantial doubt about the validity of the conviction, so much so there is no credible contention raised therein the said applications that there is likelihood of unreasonable delay in disposal of their appeals," the Bench observed.
Advocate Sunil Sethi appeared for the convicts. Addl. Advocate General Aseem Sawhney appeared for the Union Territory Govt.


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Case Title: Vishal Sharma v. Union Territory of Jammu and Kashmir & Anr.

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