CRLA/125/2021
2022 Latest Caselaw 4081 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. 2 of 2022
                                 In
                                 CRJA No. 4 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Mohd. Matloob, 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, filed by the appellant - Vijendra, 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 judgment dated 04.10.2021, passed by the learned 4th Additional Sessions Judge, Haridwar in Sessions Trial No.62A of 2013 whereby he has been convicted and sentenced to undergo life imprisonment along with a fine of Rs.20,000/- for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the Penal Code), and, in default of payment of fine, further to undergo rigorous imprisonment for a period of six months, and, she has been further convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.5,000/- for the offence punishable under Section 328 read with Section 34 of the Penal Code, and, in default of payment of fine, further to undergo rigorous imprisonment for a period of three months.

Admittedly, there is no incriminating material against the appellant. Appellant has been convicted by the trial Judge on conjectures and surmises and on the basis of confessional statement made by co-accused Kavita before the Investigating Officer. Such confessional statement is weak type of evidence unless it is corroborated by discovery of facts. Co- accused Kavita has already been enalarged on bail by this Court vide order dated 30.11.2022.

Appellant was on bail during the course of trial and there is no allegation on the side of the prosecution that the appellant misused the liberty granted to her in any manner. Moreover, the appellant is a permanent resident of District Saharanpur, which precludes reasonable apprehension of her absconding from the process of justice.

In that view of the matter, we are inclined to allow the bail application. Hence, the bail application (I.A. No. 2 of 2022) is allowed. Sentence awarded by the learned 4th Additional Sessions Judge, Haridwar in Sessions Trial No.62A of 2013, to the appellant- Vijendra is hereby suspended during the pendency of this appeal and he is granted bail upon appeal. He shall be released on bail, on such suitable terms and conditions, as the learned trial Judge deems fit and proper.

List on 23.05.2023 for final hearing.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 20.12.2022 (Grant urgent certified copy of this order, as per Rules.) SKS