CRLA/466/2019
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                               2nd Bail Appl. No. 5005 of 2022
                               In
                               CRLA No. 466 of 2019

                               Hon'ble Sanjaya Kumar Mishra, J.

Hon'ble Alok Kumar Verma, J.

Ms. Pushpa Joshi, the learned Senior Advocate assisted by Ms. Chetna Latwal, the learned counsel for the applicant/appellant.

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

Heard on the second bail application. This is second bail application filed by the appellant under Section 389 of the Code for suspension of sentence and grant of bail upon appeal.

The appellant has been convicted for the offence under Sections 302/120B, 364/120B and 201 of the Penal Code and sentenced to undergo imprisonment for life with fine of Rs. 40,000/-, to undergo 10 years rigorous imprisonment with fine of Rs. 10,000/- and also to undergo imprisonment for three years with fine of Rs. 1500/- for the aforesaid three sections respectively, by the Court of the learned 2nd Additional Session Judge, Roorkee, District Haridwar , in Sessions Trial No. 60 of 2014, by virtue of judgment and order dated 22.08.2019.

The first bail application of the appellant was rejection on 13.03.2020. However, in the meantime, two and half years have been passed. Hence, we are inclined to entertain the successive bail application.

The learned Senior Advocate appearing for the appellant that is Rohit, would submit that case of the prosecution is based entirely on circumstantial evidence and circumstances appearing in this case are also weak. It is borne out from the record that the only circumstance against the present appellant is that he was last seen with the deceased to be moving in a car. The two witnesses, namely, PW2 Ravindra and PW3 Vipin, who has stated about the last seen theory have been examined by the police after one and half month of the incident. The present appellant was on bail during trial. Moreover, he is permanent resident of Purani Tehsil Nakli Chayi Wali Gali, Roorkee, P.S. Gangnahar Roorkee, District Haridwar, so there is no reasonable apprehension of his absconding from the process of justice.

In that view of the matter, the second bail application is allowed. The sentences are hereby suspended. The appellant, namely, Rohit be released on bail on suitable terms and condition as deem just and proper by the learned 2nd Additional Session Judge, Roorkee, District Haridwar, in aforesaid case.

List this matter in the first week of January, 2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 28.07.2022 PV