CRJA/97/2020
2022 Latest Caselaw 2030 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                           COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Short term bail application no. 2 of 2022
                                 In
                                 CRJA No. 97 of 2020
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Arvind Vashisht, learned Sr. Advocate

- Amicus Curiae for the applicant.

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. Appellant no. 1 / applicant has been convicted by the 5th Additional Sessions Judge, Haridwar in Sessions Trial No. 316 of 2015 under Section 302/34 IPC and under Section 25 of the Arms Act vide judgment and order dated 22.10.2020 and sentenced him to undergo imprisonment for life and to pay fine of Rs. 20,000/- and in default to further undergo rigorous imprisonment of six months under Section 302/34 IPC and to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/- and in default to further undergo rigorous imprisonment of three months under Section 25 of the Arms Act.

This short term bail application has been filed by appellant no. 1 - Kuldeep Singh from jail on the ground that his house situated in village Bhauri, police station - Bahadrabad, District Haridwar is in dilapidated condition and there is nobody to repair the same. Applicant is in custody for seven years.

Learned Deputy Advocate General, on instructions from the SHO of concerned police station, submits that on physical verification, it is found that in fact, house of the applicant is in dilapidated condition.

Considering the facts and circumstances of the case, we are inclined to grant short term bail of 45 days to the applicant. Accordingly, the short term bail application no. 02 of 2022 is allowed.

Let the appellant no. 1 - Kuldeep Singh be released on short term bail for a period of 45 days, which shall be reckoned from the date of his release from the jail, on such suitable terms and conditions, as the 5th Additional Sessions Judge, Haridwar, deems fit and proper.

Since the appellant no. 1 is defended by Amicus Curiae before us and he was also defended by State Counsel during the course of trial, let a copy of this order be sent to the concerned counsel, the learned trial Judge and jail authorities for information and compliance.

List this matter on 29.09.2022.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 07.07.2022 SKS