Uttarakhand High Court
CRLA/158/2022 on 13 December, 2022
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CRLA No.158 of 2022
Hon'ble S.K. Mishra, J.
Hon'ble Alok Kumar Verma, J.
Mr. Harshpal Sekhon, learned counsel
for the appellant.
Mr. J.S. Virk, learned Deputy Advocate
General for the State.
Mrs. Pushpa Joshi, learned Senior
Advocate assisted by Mr. Deepak Sharma,
learned counsel for the private respondent.
This is an application (IA No.1 of
2022), filed under Section 389 of the Code
of Criminal Procedure, 1973 (hereinafter
referred as "the Code", for brevity), for
suspension of sentence and grant of bail in
this appeal.
The appellant-Mahendra Singh has
been convicted and sentenced by the
judgment dated 04.05.2022, passed by the
IIIrd Additional District and Sessions Judge,
Rudrapur, District Udham Singh Nagar in
Sessions Trial No.101 of 2015, "State vs.
Mahendra Singh and Another", whereby the
appellant has been convicted for the offence
punishable under Section 307 of IPC and
has been sentenced to undergo simple
imprisonment for a period of ten years
along with a fine of Rs.10,000/-; he has
been convicted and sentenced to undergo
simple imprisonment for a period of three
years along with a fine of Rs.3,000/- for the
offence under Section 452 of IPC, and, he
has been further convicted and sentenced to
undergo rigorous imprisonment for a period
of six months along with a fine of
Rs.1,000/- for the offence punishable under
Section 504 of IPC with default stipulation.
Admittedly, in the counter case, in which
in session trials, the appellants - Khem
Karan, Daya Shankar and Thakur Singh have
been convicted by the learned Sessions Judge
for the offence under Section 302 of the
Indian Penal Code, 1860 (for short, 'Penal
Code'). Moreover, the learned Sessions Judge
while convicting the appellants for the offence
under Section 307 of the Penal Code has
come to the conclusion that the FIR has been
lodged by the wife's of the injured, appears to
be improbable with regards to the fire that
was taken at the injured by means of the
rifle. The injuries found on the deceased in
the counter case would have been caused by
a twelve bore firearm, which can be fired
from a shotgun and not from a rifle.
Moreover, this criminal case has been
initiated against the present appellant and
one Khilwan alias Bittu on an application filed
under Section 156(3) of the Code of Criminal
Procedure, 1973, after one and half month of
the occurrence.
The appellant was on bail during the
course of trial and there is no allegation from
the side of the prosecution that he has
misused the liberty granted to him. Moreover,
no gun has been found from his possession in
course of investigation.
In that view of the matter, this Court is
inclined to allow the application of
suspension of sentence. The sentence is
hereby suspended. The appellant -
Mahendra Singh be released on bail on
suitable terms and conditions as deem just
and proper by the learned Sessions Judge,
Udham Singh Nagar, in aforesaid case.
List this matter on 07.06.2023 for final
disposal.
(Alok Kumar Verma, J.) (S.K. Mishra, J.)
13.12.2022
JKJ/Pant
