CRLA/133/2017
2021 Latest Caselaw 1988 UK

      IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

 THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                                 AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                 CRIMINAL APPEAL NO. 133 of 2017

                             22 June, 2021

Between:

Titu @ Devendra                                    ...... Appellant

and

State of Uttarakhand                               ...... Respondent



Counsel for the appellant : Mr. Arvind Vashistha, learned Senior
                            Advocate assisted by Mr. Imran Ali
                            Khan, learned counsel.

Counsel for the State          : Mr. J.S. Virk, learned Deputy Advocate
                                 General for the State.



The Court made the following:

JUDGMENT:    (per Hon'ble Justice Sri Alok Kumar Verma)



            By the impugned judgment dated 03.05.2017, the

appellant was convicted and sentenced for life imprisonment

along with a fine of Rs.10,000/- in the offence punishable

under Section 364A of IPC.



2.          During the appeal, an application was filed on

behalf of the appellant, wherein, the appellant has claimed

juvenility. On 24.02.2021, the learned District and Sessions

Judge, Haridwar was directed to hold an enquiry regarding

the juvenility of appellant Titu @ Devendra, according to law

and submit a report to the Court.
                                       2

3.         The      District    and       Sessions     Judge,              Haridwar

enquired    the     matter      and       submitted        a    report        dated

05.04.2021. According to the said report, on the date of the

occurrence, i.e., 13.06.2013, the age of the appellant was

17 years 07 months and 07 days.



4.         The      learned      Senior       Advocate,              Mr.     Arvind

Vashistha, submitted that the appellant is in custody since

03.05.2017.



5.         Having considered the submissions of learned

counsel    for    both    the   parties,     and      in       the    facts    and

circumstances of the case, without expressing any opinion as

to the merit of the case, this Court is of the view that the

appellant-accused deserves bail at this stage.



6.         The appellant-accused Titu @ Devendra S/o

Shri Swarup Singh shall be released on bail on his

executing a personal bond of Rs.30,000/- and furnishing

two reliable sureties, each in the like amount, to the

satisfaction of the trial court.


                         _______________________________
                             RAGHVENDRA SINGH CHAUHAN, C.J.


                                           _________________
                                              ALOK KUMAR VERMA, J.

Dt: 22 June, 2021 Negi