CRLA/378/2020
2021 Latest Caselaw 296 UK

IA No. 4531 of 2020 (bail application)
In
CRLA No. 378 of 2020
Hon'ble Sharad Kumar Sharma, J.

Mr. Kurban Ali, learned counsel for the appellant.

Mr. Kuldeep Singh Rawal, learned AGA for the State of Uttarakhand.

The appellant who is a convict for the commission of offence, as was, which the subject matter of the Special Session Trial No.34 of 2018, State of Uttarakhand vs. Mohd. Yaqub Khan, falling to be the offences under Section 9/10 of the POCSO Act, 2012, as well as under Section 506 of the IPC.

By virtue of the impugned judgment under challenge, he has been sentenced to undergo an imprisonment for a period of five years for the offence under Section 9/10 of the POCSO Act, 2012 and two years for the offence under Section

506. Simultaneously, by the judgment under challenge, the penalty of Rs.30,000/- and Rs.5,000/- has been imposed upon him.

The argument of the learned counsel for the appellant, is that out of the total sentence imposed upon him, he has already served half of the sentence ever since, 2018.

Considering the aforesaid fact, the appellant is directed to be released on bail, subject to the condition that he deposits the entire amount of penalty as imposed upon him, excluding the amount or part of it, if any, already deposited. Apart from it, he will furnish his personal bond and two sureties of the like amount, to the satisfaction of the Magistrate concerned.

(Sharad Kumar Sharma, J.) Vacation Judge 25.01.2021 Pant/