CRLA/189/2021
2022 Latest Caselaw 2426 UK

        IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

       THE HON'BLE SRI JUSTICE SANJAYA KUMAR MISHRA
                            AND
         THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA



                    BAIL APPLICATION No.1 of 2021
                                 In
                   CRIMINAL APPEAL No.189 of 2021



                        2ND AUGUST, 2022

Between:

Sahrukh alias Pathan alias Dhappu                   ...Appellant

and


State of Uttarakhand.                               ...Respondent




Counsel       for       the : Mr. Arvind Vashistha, learned
appellant.                    Senior Advocate assisted by Mr.
                              S.K. Shandilya, learned counsel.


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




The Court made the following:

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

             The Bail Application (No. 1 of 2021) has been

filed by the appellant in this appeal.

2.           The present Criminal Appeal has been filed

against      the    judgment     dated     09.03.2021/15.03.2021,

passed by the IInd Additional District and Sessions Judge,

Haridwar in Sessions Trial No. 83 of 2018, "State vs.
                                   2

Sahrukh     alias    Pathan    alias   Dhappu",    whereby,     the

appellant has been convicted and sentenced to undergo

life imprisonment along with a fine of `5,000/- for the

offence under Section 301/302 read with Section 120B of

IPC. In default of payment of fine, the appellant has been

directed to undergo further additional simple imprisonment

for a period of three months, and, he has been further

convicted     and       sentenced      to    undergo        rigorous

imprisonment for a period of five years along with a fine of

`1,000/- for the offence under Section 27 (i) of the Arms

Act, 1959. In default of payment of fine, he has been

directed to undergo further additional simple imprisonment

for a period of one month.


3.          Heard Mr. Arvind Vashistha, the learned Senior

Advocate assisted by Mr. S.K. Shandilya, the learned

counsel for the appellant and Mr. J.S. Virk, the learned

Deputy Advocate General for the State.


4.          Mr.     Arvind    Vashistha,    the   learned    Senior

Advocate appearing for the appellant, submitted that one

co-accused, Vivek Thakur alias Vikki Thakur was arrested;

he implicated one Mujahid. The said Mujahid was arrested.

Then, Mujahid implicated the present appellant. He further

submitted that according to the prosecution story, one

firearm was recovered on the pointing out of the present
                                  3

appellant. However, the said firearm was never sent to the

Forensic Science Laboratory for the examination.


5.        The learned Senior Advocate submitted that

there   are   other   criminal   cases   against   the   present

appellant. However, out of the said criminal cases, the

appellant has been granted bail in two cases, two criminal

cases are stayed and in other two cases, the appellant has

been acquitted. The learned Senior Advocate appearing for

the appellant further submitted that Vivek Thakur alias

Vikki Thakur has already been granted bail and there are

substantial doubts about the conviction.


6.        On the other hand, the learned Deputy Advocate

General opposed the bail application. However, he fairly

conceded that the appellant has been granted bail in two

cases, two cases are stayed and in other two criminal

cases, the appellant has been acquitted.


7.        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, we are of the view that the

appellant-accused deserves bail at this stage. The Bail

Application (No. 1 of 2021), therefore, is allowed.


8.        The appellant-accused Sahrukh alias Pathan

alias Dhappu shall be released on bail on his executing a
                                  4

personal bond of Rs.40,000/- and furnishing two reliable

sureties, each in the like amount, to the satisfaction of the

trial court with these conditions:-

        i.     The appellant shall maintain peace and
               tranquility during the pendency of the appeal.

        ii.    The appellant shall not directly or indirectly
               make any inducement, threat or   promise    to
               any person acquainted with the facts of the
               case.

        iii.   The appellant shall report to the jurisdiction of
               Police Station Muzaffarnagar on every Monday of
               each week of each month.



9.             It is clarified that if the appellant misuses or

violates any of the conditions, imposed upon him, the

State will be free to move the Court for cancellation of

bail.


10.            List this matter in the fourth week of March,

2023.


                               _______________________
                               SANJAYA KUMAR MISHRA, J.

___________________ ALOK KUMAR VERMA, J.

Dt: 2ND AUGUST, 2022 AK/SB