CRLA/283/2022
2022 Latest Caselaw 2310 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     26TH JULY, 2022

              CRIMINAL APPEAL NO.283 of 2022


Between:

Abdul Kalam                                        ...Appellant

and

State of Uttarakhand.                         ...Respondent


Counsel for the Appellant   :   Mr. Pranav Singh.

Counsel for the State       :   Mr. Pratiroop Pandey,
                                learned AGA for the State.


Hon'ble Alok Kumar Verma,J.

The present Criminal Appeal has been filed by

the appellant - Abdul Kalam against the judgment dated

02.07.2022, passed by the FTSC/Additional Sessions

Judge, Roorkee, District Haridwar in Sessions Trial No.135

of 2019, "State vs. Abdul Kalam", whereby, the appellant

- Abdul Kalam has been convicted for the offence

punishable under Section 363 of IPC and has been

sentenced to undergo rigorous imprisonment for a period

of three years along with a fine of Rs.10,000/-.

2. Heard Mr. Pranav Singh, learned counsel for the

appellant and Mr. Pratiroop Pandey, learned AGA for the

State.

3. This Criminal Appeal is admitted.

4. The learned counsel for the appellant submitted

that there are substantial doubts about the conviction; the

appellant is a permanent resident of District Haridwar; he

has no criminal history; he was on bail during the trial and

the conditions of bail were neither misused nor violated by

him, and, he is on interim bail.

5. The learned counsel for the State submitted that

written objection(s) is not needed. However, he fairly

conceded that the appellant was on bail during the trial

and the conditions of bail were neither misused nor

violated by him

6. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant,

namely, Abdul Kalam, provided he submits his personal

bond and two reliable sureties of the same amount, to the

satisfaction of the court concerned.

7. The Bail Application (IA No.01 of 2022) is

disposed of accordingly.

8. List this case on 20.09.2022.

___________________ ALOK KUMAR VERMA, J.

Dt: 26.07.2022 Pant /