CRJA/9/2021
2022 Latest Caselaw 4010 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Bail Application No. 1 of 2022
                                 In
                                 CRJA No. 9 of 2021
                                 Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mr. Vishwa Prakash Bahuguna, learned Amicus Curiae for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. R.K. Joshi, learned Brief Holder for the State.

Objection to the application under Section 389 of the Code of Criminal Procedure, 1973, filed by the State in the Court today, is taken on record.

This is an application, filed by the appellant - Neeraj s/o Hari Singh, under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for brevity) for suspension of sentence and grant of bail upon appeal. As per the order dated 30.01.2021, passed by the learned Ist Additional District and Sessions Judge, Haridwar, in Sessions Trial No. 89 of 2018, he has been convicted for the offence under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo imprisonment for life along with a fine of Rs.5,000/-, and, in default of payment of fine, further to undergo six months additional simple imprisonment.

There are no eye witnesses of the occurrence. A careful examination of the judgment passed by the learned 1st Additional District and Sessions Judge, Haridwar reveals that the appellant has been convicted only on the basis of the presumption drawn under Section 106 of the Indian Evidence Act, 1872.

It is stated that there is only one eye witness of the occurrence, who happens to be the daughter of the deceased as well as of the appellant, who was examined as PW-

6. She was seven years old at that time. However, she did not support the prosecution story.

Moreover, the appellant is a permanent resident of Kesho Nangla, within the jurisdiction of Police Station Gaura, Tehsil Iglas in District Aligarh, Uttar Pradesh. There is no reasonable apprehension of his absconding from the process of justice.

In that view of the matter, this court is of the opinion that the application for suspension of sentence and grant of bail upon appeal should be allowed. Hence, the bail application is allowed. Sentence awarded by the learned Ist Additional District and Sessions Judge, Haridwar, in Sessions Trial No. 89 of 2018 to the appellant- Neeraj is hereby suspended and he is granted bail upon appeal. He shall be released on bail, on such suitable terms and conditions, as the learned Ist Additional District and Sessions Judge, Haridwar, deems fit and proper in the aforesaid case.

The matter be listed on 06.06.2023 for final disposal.

Grant urgent certified copy of this order, as per Rules.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 14.12.2022

PP/SB