CRLA/202/2018
2022 Latest Caselaw 4008 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 I.A. No. 1 of 2022
                                 In
                                 CRLA No. 202 of 2018 WITH CRLA No. 201 of 2018
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Lalit Sharma, learned counsel for the appellant / applicant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for brevity) filed by the appellant / applicant - Guddu for suspension of sentence and grant of bail upon appeal. The appellant has been convicted under Section 364A, 386, 302, 201, 120-B, 34 IPC by 1st Addl. Sessions Judge, Udham Singh Nagar, vide judgment and order dated 31.05.2018 passed in Sessions Trial No. 109 of 2012 and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 20,000/- under Section 302/34 IPC along with other sentences under different sections.

It is borne out of the record that the case of the prosecution is entirely based upon circumstantial evidence. The circumstances that have been relied upon are - last seen of the appellant with the deceased, demand of ransom from the father of deceased, recovery of mobile from which ransom call was made, death of the deceased was homicidal in nature, and recovery of the dead body by this applicant and Shera.

Learned counsel for the appellant would draw our attention to the fact that the witnesses, who speak about the last seen of the appellant with the deceased, were examined a month after the incident and dead body was recovered in a decomposed condition and no DNA test conducted.

Learned counsel for the applicant submits that co-accused - Shera has already been enlarged on bail by this Court vide order dated 15.11.2022 in I.A. No. 11411 of 2022 in Criminal Appeal No. 201 of 2018. He further submits that the principle of parity is squarely applicable to the present case.

It is borne out from the records that applicant was on bail during trial and there is no allegation of misuse of liberty granted to the applicant from the side of the prosecution in any manner.

Considering the totality of facts and circumstances described above and the fact that appellant is permanent resident of District Udham Singh Nagar and hence, there is no reasonable apprehension of his absconding from the process of justice, bail application no. 1 of 2022 upon appeal is allowed. Sentence dated 31.05.2018 passed by 1st Addl. Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 109 of 2012 shall remain suspended qua applicant during the pendency of this appeal.

Let the appellant / applicant - Guddu be released on bail, during the pendency of this appeal, on such suitable terms and conditions, as the 1st Addl. Sessions Judge, Udham Singh Nagar, may deem fit and proper in the facts and circumstances of the case.

List on 14.02.2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 14.12.2022 (Grant urgent certified copy of this order, as per Rules.) SKS