Uttarakhand High Court
Jagdish Ram ........Appellant/ vs State Of Uttarakhand on 23 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Application for Bail and Suspension of Sentence (IA) No.1 of 2023
In
Criminal Appeal No. 491 of 2023
Jagdish Ram ........Appellant/Applicant
Vs.
State of Uttarakhand ........... Respondent
Present : Mr. Prateek Tripathi, Advocate for the appellant/applicant.
Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief
Holder for the State.
Coram : Hon'ble Ravindra Maithani. J.
Hon'ble Ashish Naithani, J.
Hon'ble Ravindra Maithani, J. (Oral) Instant appeal is preferred against the judgment and order dated 22.06.2023, passed in Sessions Trial No.02 of 2022, State of Uttarakhand vs. Jagdish Ram, by the Court of Sessions Judge, Bageshwar. By it, the appellant has been convicted and sentenced under Sections 302, 201 IPC. The appellant seeks bail during pendency of the appeal.
2. Heard on Application for Bail and Suspension of Sentence (IA) No.1 of 2023
3. The wife of the appellant went missing in the night of 09.11.2021. Subsequently, hear dead body was recovered.
4. Learned counsel for the appellant submits that the prosecution has not been able to prove its case beyond reasonable doubt. He submits that after missing of the victim on 09.11.2021, her family members were informed by the appellant's family; the 2 deceased was in the habit of going away from her home; she has done it in the past on two occasions, of which, reports were also recorded. He submits that whatever recovery is alleged at the instance of the appellant, was made from the open space, accessible to all and this is only the kind of evidence against the appellant.
5. Learned State Counsel does not dispute the factual narration.
6. Having considered, this Court is of the view that it is a case in which the execution of sentence should be suspended and the appellant/applicant be enlarged on bail.
7. The bail application is allowed.
8. The execution of sentence, which is under challenge in this appeal shall remain suspended during the pendency of the appeal.
9. Let the appellant/applicant be released on bail, during pendency of the appeal on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.
10. List in due course.
(Ashish Naithani, J.) (Ravindra Maithani, J.) 23.02.2026 Sanjay