Uttarakhand High Court
Shekhar Mehra vs State Of Uttarakhand on 30 November, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No.279 of 2021
Shekhar Mehra ...............Appellant
Versus
State of Uttarakhand ......Respondent
Present:
Ms. Manisha Bhandari, Advocate for the appellant.
Mr. J.S. Virk, Deputy Advocate General for the State.
Shri S.K. Mishra, J.
Shri N.S. Dhanik, J.
Date of Hearing and Order: 30.11.2021
1. Heard Ms. Manisha Bhandari, counsel for the
appellant and Mr. J.S. Virk, Deputy Advocate General for
the State.
2. This is an application under Section 389 of the
Code of Criminal Procedure, 1973 (hereinafter referred to
as the Code for brevity) for suspension of sentence and
grant of bail upon appeal. The sole appellant was tried
by the Additional District & Sessions Judge, Nainital
along with three others for the alleged commission of
offence under Sections 302/34 of the Indian Penal Code,
1860 (hereinafter referred to as the Code for brevity).
However, after the trial, as per the judgment dated
27.08.2021, the learned Additional District and Sessions
Judge acquitted the other accused persons, namely,
Ravi Foolmati, Sumit Saxena & Manish Gaud, but
convicted the present appellant Shekhar Mehra for the
offence under Section 302 of the Indian Penal Code and
sentenced him to undergo imprisonment for life and to
pay a fine of Rs.25,000/-(Twenty five thousand rupees
only), in default of payment of fine, to suffer further
rigorous imprisonment for 6 months.
3. We have carefully looked into the
circumstances on the basis of which the learned
Additional District and Sessions Judge came to the
conclusion that the case of the prosecution has proved
its case against the appellant beyond reasonable doubt.
The case of the prosecution is based entirely on
circumstantial evidence. It is also borne out from the
record that except the last seen theory as propounded by
the prosecution, no other clinching circumstances is
coming forth. Moreover from the discussion of the
materials available on record by the learned Trial Judge,
it appears that the last seen theory is a weak character in
this case.
4. It is borne out from the record that the
appellant was on bail during the course of trial and there
is no allegation from the side of the prosecution that he
has misused the liberty granted to him, in any manner,
whatsoever. He is residing in Shivpuram, Phase-2, Hari
Nagar, Kusumkhera at Haldwani. So, there is no
reasonable apprehension of his absconding from the
process of justice. There is no possibility of tempering
with the prosecution evidence as the trial is over.
5. In that view of the matter, the bail application
(IA No.1/2021) is allowed. The sentence awarded to the
appellant is hereby suspended and the fine imposed
stayed. Let the applicant/appellant be released on bail on
such suitable terms and conditions as deem just and
proper by the learned Additional District and Sessions
Judge in the aforesaid case.
6. List this matter for final disposal after
preparation of the paper book.
(N.S. Dhanik, J.) (S.K. Mishra, J.)
30.11.2021
Ravi
