CRLA/227/2019
2022 Latest Caselaw 2734 UK

SL.          Office Notes,
No.   Date      reports,
               orders or                   COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             IA No. 15371 of 2022
                             In
                             CRLA No. 227 & 228 of 2019
                             Hon'ble Sanjaya Kumar Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. Rajendra Arya, learned counsel for the appellants.

Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.

Mr. Siddhartha Sah, learned counsel for the complainant.

Heard on the short term bail application. This is the first short term bail application (IA No. 15371 of 2022) filed by appellant no. 1

- Harjeet Singh alias Kala S/o Shri Manveer Singh, for releasing him on bail. Appellant no. 1 has been convicted under Sections 147, 148, 307 read with Sections 149, 302 read with Section 149, 504 and 506 of IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/- with default sentence under Section 147, 148, 504 and 506 of I.P.C., he has been sentenced to undergo 10 years imprisonment under Section 307 of I.P.C. and to pay fine of Rs. 5,000/- with default sentence, he has further been sentenced to undergo life imprisonment under Section 302 of I.P.C and to pay fine of Rs. 10,000/- with default sentence, he has also been sentenced to undergo three years rigorous imprisonment and to pay fine of Rs. 1,000/- with default sentence under Section 25 of the Arms Act, vide judgment and order dated 16.04.2019, passed by the learned 3rd Additional Sessions Judge, District Udham Singh Nagar (Rudrapur) in Sessions Trial No. 91 of 2016.

We are not inclined to grant first short term bail application to the appellant no. 1 as per our order dated 12.07.2022, on the ground that while, the appellant no. 1 was on bail during pendency of trial, out of which, the present appeal arises, he allegedly committed double murders and the trial is pending.

We have directed the State Authorities to get appellant no. 1 treated by appropriate surgical intervention at Shushila Tiwari Memorial Government Hospital, Haldwani.

It is brought to our notice that the doctors at the Government hospital at Haldwani have referred the matter to the AIIMS, Rishikesh.

Mr. Rakesh Kumar Joshi, the learned Brief Holder for the State submits that the State is taking appropriate steps for shifting the appellant no. 1 to AIIMS, Rishikesh for the aforesaid surgical procedure. He also produces the written instructions, which shows that on 24.08.2022, the Jail Authorities say to the AIIMS, Rishikesh that they are required to produce the appellant no. 1 before AIIMS, Rishikesh after 14 days.

In that view of the matter, there is no need to grant short term bail to the appellant no. 1 - Harjeet Singh alias Kala.

Let the State Authorities take steps for giving appropriate treatment to the appellant no. 1 - Harjeet Singh alias Kala.

List this matter on 27.09.2022 awaiting information.

The short term bail (IA No. 15371 of 2022) is rejected.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 30.08.2022 A/-