CRLA/549/2019
2022 Latest Caselaw 4111 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            HON'BLE SRI JUSTICE SANJAYA KUMAR MISHRA
              HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                        21st DECEMBER, 2022

            IA No. 3260 of 2022 (for bail and suspension of
                            sentence)
                                In
               Criminal Appeal No. 549 of 2019
Between:

Anwar Ali                                     .......... Appellant
and
State of Uttarakhand                           ......Respondent

Counsel for the Appellant : Mr. Lalit Sharma, learned Advocate.

Counsel for the State : Mr. J.S. Virk, Deputy Advocate General assisted by Mr. P.S. Uniyal, Brief Holder for the State.

Upon hearing the learned counsel for the parties, this Court made the following judgment:

(Per: Sri SANJAYA KUMAR MISHRA, J.)

This bail application has been filed by the appellant -

Anwar Ali, 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 26/27.07.2016, passed by the Additional

Sessions Judge, Vikasnagar, District Dehradun, in Sessions Trial

No.102 of 2012, he has been convicted and sentenced to

undergo life imprisonment along with a fine of Rs.10,000/-

under Section 302 of the Indian Penal Code, 1860 (for short,

'IPC'), and, he has been further convicted and sentenced to

undergo simple imprisonment along with a fine of Rs.500/-

under Section 309 of IPC and, in default of payment of fine, he

has to undergo simple imprisonment for a period of six months.

Both the sentences have been directed to run concurrently.

2. The prosecution case relies only upon the

circumstantial evidence. The circumstance that has been proved

in this case is that the appellant and the deceased were residing

in one house; the death of the deceased was homicidal in

nature; the appellant himself was injured and the appellant has

not explained how his wife was died. Moreover, 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 by the Court; he is a permanent resident of

Village Rudrapur, P.S. Sahaspur, District Dehradun, and there is

no reasonable apprehension of his absconding from the process

of justice.

3. In that view of the matter, this Court is inclined to

allow the application of suspension of sentence and grant of bail

upon appeal. The sentence is hereby suspended. The appellant

- Anwar Ali be released on bail on suitable terms and conditions

as deemed just fit and proper by the learned Additional

Sessions Judge, Vikasnagar, District Dehradun, in aforesaid

case.

4. List this case on 26.04.2023 for final disposal.

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

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 21.12.2022 Pant/SB