Mustakeem vs State Of Uttarakhand
2021 Latest Caselaw 113 UK

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

              Short Term Bail Application No. 2 of 2021
                                 In
                 Criminal Jail Appeal No. 18 of 2020


Mustakeem                                                       ......Applicant

                                      Vs.

State of Uttarakhand                                          .....Respondent

Present:
Mr. Karan Anand, Amicus Curiae for the applicant.
Mr. V.S. Rathore, A.G.A. and Ms. Shivangi Gangwar, Brief Holder for the State of
Uttarakhand.


Hon'ble Lok Pal Singh, J. (Oral)

A short term bail application No. 2 of 2020 has been filed on behalf of the applicant/convict seeking short-term bail, on the ground of his illness. The applicant has been convicted by impugned judgment and order dated 30.11.2019, passed by learned FTC/ Additional District and Sessions Judge, Dehradun in Sessions Trial No. 87 of 2016, State Vs. Mustakeem, wherein arising out of Case Crime No. 72 of 2015, whereby the applicant has been convicted under Sections 376, 452 and 323 IPC and has been sentenced for rigorous imprisonment of seven years and a fine of Rs. 20,000/- and under Section 452 of the IPC for a sentence of one year and a fine of Rs.5000/- has been imposed upon him under Section 323 or a sentence of six months rigorous imprisonment. It is directed that all the sentences shall run concurrently.

2. Learned Amicus Curiae for the applicant would submit that the applicant is suffering from Cancer disease and is getting his treatment in All India Institute of Medical Sciences, Rishikesh. Perusal of the medical certificate would reveal that the condition of the applicant is very poor and he has been sent for Surgery Department for his operation.

3. Having considered the illness of the applicant, let the applicant namely, Mustakeem be released on regular bail, on executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.

4. Registry is directed to prepare the paper book and supply the same to learned counsel for the parties, as per Rules.

5. Exemption Application No. (IA No. 1 of 2021) stands disposed of accordingly.

(Lok Pal Singh, J.) 11.01.2021 Shubham