CRLA/302/2022
2022 Latest Caselaw 2481 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    05TH AUGUST, 2022

              CRIMINAL APPEAL NO.302 of 2022


Between:

Hariom and Another.                             .....Appellants

and

State of Uttarakhand.                           ...Respondent


Counsel for the Appellants :     Mr. P.C. Petshali,
                                 learned counsel.
Counsel for the State          : Mr. Pratiroop Pandey,
                                 learned A.G.A.


Hon'ble Alok Kumar Verma,J.

The present Criminal Appeal has been filed by

the appellants, namely, Hariom and Pradeep, against the

judgment dated 25.07.2022, passed by the Ist Additional

Sessions Judge, Kashipur, Disctrict Udham Singh Nagar in

Sessions Trial No.41 of 2016, "State vs. Hariom and

Another", whereby the appellant-Hariom has been

convicted and sentenced to undergo rigorous

imprisonment for a period of three months for the offence

under Section 352 read with Section 34 of IPC; he has

been convicted for the offence punishable under Section

323 read with Section 34 of IPC and has been sentenced

to undergo rigorous imprisonment for a period of one

year, and, he has been further convicted for the offence

punishable under Section 308 read with Section 34 of IPC

and has been sentenced to undergo rigorous

imprisonment for a period of four years along with a fine

of Rs.5,000/-. The appellant-Pradeep has been convicted

and sentenced to undergo rigorous imprisonment for a

period of three months for the offence punishable under

Section 352 read with Section 34 of IPC; he has been

convicted and sentenced to undergo rigorous

imprisonment for a period of one year for the offence

punishable under Section 323 read with Section 34 of IPC,

and, he has been further convicted and sentenced to

undergo rigorous imprisonment for a period of three years

along with a fine of Rs.5,000/- for the offence punishable

under Section 308 read with Section 34 of IPC.

2. Heard Mr. P.C. Petshali, the learned counsel for

the appellants and Mr. Pratiroop Pandey, the learned

A.G.A. for the State.

3. Admit.

4. Heard the learned counsel for the parties on the

Bail Applications (IA No.1 of 2022).

5. The learned counsel appearing for the appellants

submitted that the appellants have been implicated in this

matter; there are substantial doubts about the conviction;

the appellants were on bail during the trial and the

conditions of the bail were never misused by them; they

are permanent resident of District Udham Singh Nagar and

the appellant-Pradeep is on interim bail. The learned

counsel appearing for the appellants requested one month

time to deposit the fine, as directed by the learned trial

court.

6. The learned counsel for the State opposed the

bail applications orally. However, he fairly conceded that

the appellants were on bail during the trial and the

conditions of the bail were not misused.

7. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellants,

namely, Hariom and Pradeep, provided they submit their

personal bonds and two reliable sureties, each in the like

amount to the satisfaction of the court concerned.

8. List this case on 13.10.2022.

9. Let a certified copy of this order be supplied to

the learned counsel for the appellants within 24 hrs on

payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dt: 05.08.2022 Neha