CRLA/447/2019
2022 Latest Caselaw 132 UK

SL.           Office Notes,
No.   Date   reports, orders               COURT'S OR JUDGE'S ORDERS
             or proceedings
              or directions
             and Registrar's
               order with
               Signatures
                               CRLA No. 447 of 2019
                               Shri Sanjaya Kumar Mishra, ACJ.
                               Shri Narayan Singh Dhanik, J.

Mr. Arvind Vashishtha, learned Senior Counsel assisted by Mr. Vivek Pathak, learned counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

Heard through Video Conferencing. This is Short Term Bail Application (I.A. No. 13281 of 2022) filed by the appellant Dharmesh S/o Shiv Kumar, who has been convicted under Section 302, 364, 201, 120B of IPC vide judgment and order dated 17/22.08.2019, passed by the learned II Additional Sessions Judge, Roorkee District Haridwar, in S.T. No. 60 of 2014, State Vs. Dharmesh and others. The convict-appellant was sentenced to imprisonment for life under Section 302 read with Section 120B of IPC, ten years rigorous imprisonment under Section 364 read with Section 120B of IPC and three years rigorous imprisonment under Section 201 of IPC.

The convict-appellant has filed the present short term bail application on the ground that his mother is suffering from Spondylitis and Integrated Disk Degeneration, which requires surgical intervention. In support of such contention he has filed the Xerox copies of the documents.

Learned Deputy Advocate General has obtained instructions from Dr. P.K. Chaturvedi, Orthopedic Surgeon, Swami Kalyandev Government District Hospital, Muzzafarnagar, Uttar Pradesh, who has supported the appellant, and has stated that the claim is genuine.

In that view of the matter, the application for short term bail is allowed.

Let the appellant be released on short term bail from today till 15.02.2022, on such terms and conditions deemed just and proper by the learned Trial Judge in the aforesaid case. The convict-appellant is directed to surrender before the Additional Sessions Judge on 15.02.2022, failing which NBWA shall be issued.

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

(N.S. Dhanik, J.) (S.K. Mishra, ACJ.) 14.01.2022 Negi / (A/-)