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Jammu & Kashmir and Ladakh High Court

Sentence-Suspension Plea Cannot Be Deferred Indefinitely After Substantial Custody

A Division Bench of the Jammu & Kashmir and Ladakh High Court directed the Armed Forces Tribunal to decide a pending suspension-of-sentence and bail application immediately instead of deferring it to January 2027.

Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar and Hon’ble Mr. Justice MA Chowdhary, Judges

The petitioner was serving a three-year sentence and had already undergone a substantial portion of it. In those circumstances, indefinite postponement effectively frustrated meaningful consideration of release during the appeal. The application was directed to come before the Tribunal on 21 October 2026, with the cited Supreme Court authority kept in view. The High Court did not itself suspend the sentence or grant bail, and the merits remained for the Tribunal. The order supports urgent hearing where delay in deciding interim appellate relief threatens to consume much of the custodial sentence.

Case — Tejinder Singh v. Union of India and others · WP(C) No. 2623/2026 · 2026-10-13 · Jammu wing

Advocates appearing — Petitioner — Mr. Susheel Kumar Sharma, Advocate. Respondents — Mr. Vishal Sharma, DSGI, with Mr. Karan Sharma, CGSC.

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