CRLA/224/2018
2022 Latest Caselaw 2685 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Second Bail Appl. No. 10949 of 2022
                                 In
                                 CRLA No. 224 of 2018

                                 Hon'ble S.K. Mishra, J.

Hon'ble R.C. Khulbe, J.

Mr. Sanjay Bhatt and Mr. Asif Ali, the learned counsel for the appellant/applicant.

Mr. J.S. Virk, the learned Dy. Advocate General for the State.

Heard.

This is successive application filed by the applicant under Section 389 of the Code for suspension of sentence and grant of bail upon appeal. His earlier bail application was rejected on 09.04.2019 by the co-ordinate Bench of this Court in which one of us, Justice R.C. Khulbe, was the member.

The appellant has been convicted for the offence under Sections 302, 364, 201 read with Section 34 of the Penal Code by the court of learned 1st Additional Sessions Judge

of 2014 by virtue of judgment dated 05/'06.06.2018.

We have reconsidered the matter. In the meantime, almost three years have been lapsed and the appellant is in custody for more than five years. Admittedly, the case of the prosecution is entirely based on circumstantial evidence and it is not disputed that the circumstance of last seen theory and recovery of mobile phone allegedly belonged to the deceased was seized by the police on the statement made by the applicant. The skeleton which was recovered on the instance of two accused including present accused was subjected to DNA test. The appellant was on bail during course of trial and it is not the case of the prosecution that he misused the liberty granted to him while he was on bail. Moreover, in the connected CRLA No. 174 of 2018, the applicant Ashu @ Ranjay has been granted bail. Applicant is the permanent resident of village Waila, Post Amori P.S. and District Champawat and there is no reasonable apprehension of his absconding from the process of justice. Thus, this Court is inclined to suspend the sentence of the appellant.

Thus, the bail application under Section 389 of the Code is allowed. The sentence is suspended. The applicant Vashu released on bail on the suitable terms and conditions as deemed just and proper by the learned 1st Additional Sessions Judge, Rishikesh, Dehradun, in the aforesaid case.

Paper book has already been served upon the learned counsel for the parties. List the matter on first week of April 2023.

The bail application stands disposed of. Grant certified copy of the order as per Rules.

(R.C. Khulbe, J.) (S.K. Mishra, J.) 26.08.2022 PV