CRLA/203/2020
2022 Latest Caselaw 413 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                          COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Second Bail Application No. 5265 of 2021
                                 In
                                 CRLA No. 203 of 2020
                                 Shri Sanjaya Kumar Mishra, ACJ.
                                 Shri Narayan Singh Dhanik, J.

Shri S.C. Bhatt, learned counsel for the applicant / appellant no. 3.

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

Heard learned counsel for the parties. This is a second bail application under Section 389 Cr.P.C. Appellant no. 3 namely Km. Kiran has prayed for suspension of sentence and grant of bail. She has been convicted along with her father and mother under Section 302/34 IPC and sentenced to imprisonment for life under Section 302/34 IPC in Sessions Trial No. 12 of 2014 decided on 29.02.2020 by Additional Sessions Judge, Khatima, Udham Singh Nagar.

It is apparent from the record that appellant no. 3 was on bail during the course of trial and she was in custody after conviction and there is no allegation that she had misused the liberty granted to her during the pendency of trial. Moreover, her own child is with her in jail, who is suffering from lung infection.

Appellant no. 3 is a permanent resident of Nanakmatta, District Udham Singh Nagar. She being a lady is entitled to get benefit of the first proviso of Section 437 Cr.P.C.

In that view of the matter, second bail application no. 5265 of 2021 is allowed. Sentence awarded by Additional Sessions Judge, Khatima, Udham Singh Nagar vide judgment and order dated 29.02.2020 in Sessions Trial No. 12 of 2014 qua appellant no. 3 - Kumari Kiran is hereby suspended. She shall be released on bail, on such terms and conditions, as the Additional District Judge, Khatima, Udham Singh Nagar, deems fit and proper.

It is apparent from the record that the appeal has not been admitted inadvertently, hence, it is admitted.

Call for the scanned copy (both hard and soft copy) of the trial court record.

After receiving the trial court record, the Registry is directed to prepare the paper book.

List this matter for final disposal, after preparation of paper book.

Urgent certified copy of this order be supplied to the learned counsel for the parties, as per Rules.

(N.S. Dhanik, J.) (S.K. Mishra, ACJ.) 24.02.2022 SKS