CRLA/174/2018
2022 Latest Caselaw 2367 UK

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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 Second Bail Appl. No. 10754 of 2022
                                 In
                                 CRLA No. 174 of 2018

                                 Hon'ble S.K. Mishra, J.

Hon'ble R.C. Khulbe, J.

Mr. Lokendra Dobhal, the learned counsel for the appellant.

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

Heard.

This is successive application filed under Section 389 of the Code for suspension of sentence and grant of bail upon appeal. His earlier bail application was rejected on 09.04.2019 by the co-ordinate Bench of this Court in which one of us, Justice R.C. Khulbe, was the member.

The appellant has been convicted for the offence under Sections 302, 364, 201 read with Section 34 of the Penal Code by the court of learned 1st Additional Sessions Judge

of 2014 by virtue of judgment dated 06.06.2018.

We have reconsidered the matter. In the meantime, almost three years have been lapsed and the appellant is in custody for more than five years. Admittedly, the case of the prosecution is entirely based on circumstantial evidence. The only circumstance that is coming against the appellant that he was last seen with the deceased and gave recovery of the skeleton of the deceased which was also subjected to DNA test.

Moreover, the appellant was on bail during course of trial and never misused the liberty granted to him. He is permanent resident of village Nagariya, P.S. Puwaya District Shahjahanpur, U.P. and there is no reasonable apprehension of his absconding from the process of justice. Thus, this Court is inclined to suspend the sentence of the appellant.

Thus, the bail application under Section 389 of the Code is allowed. The sentence is suspended. The appellant Ashu @ Ranjay be released on bail on the suitable terms and conditions as deemed just and proper by the learned 1st Additional Sessions Judge, Rishikesh, Dehradun, in the aforesaid case.

The bail application stands disposed of.

(R.C. Khulbe, J.) (S.K. Mishra, J.) 29.07.2022 PV