CRJA/2/2020
2022 Latest Caselaw 3909 UK

             Office Notes, reports,
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             Registrar's order with
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                                      CRJA No.02 of 2020
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Akram Parvez, Advocate for the applicant. Mr. Lalit Miglani, Brief Holder for the State of Uttarakhand.

The applicant/appellant, who is resident of Nepal, who has been convicted by the judgment of 30.08.2017 in Special Sessions Trial No.19 of 2016, which was tried by the District and Sessions Judge, Uttarkashi, for his alleged involvement in commission of offence under Section 376 of IPC and Section 3/4 of Protection of Children from Sexual Offences, Act 2012 (POCSO).

By the judgment impugned, he has been convicted to undergo ten years of rigorous imprisonment and fine of Rs.5,000/- has been imposed for the offences under Section 4 of the POCSO Act.

The record reveals that ever since 30.09.2016, he is being languishing in jail and now almost more than six years have already lapses. Exclusively considering the fact that major part of the sentence has already been served by him, he is directed to be released on bail subject to furnishing of his personal bond and two local sureties of the like amount to the satisfaction of the Magistrate concerned. Apart from it, his release would be subject to the condition of deposit of the penalty amount before the Sessions Court.

The Registry has already prepared the paper book.

The counsel for the applicant may collect the same from the Registry on payment of usual charges.

List this appeal under the head of hearing in the week commencing 20.02.2023.

(Sharad Kumar Sharma, J.) 06.12.2022 Arti