Uttarakhand High Court
CRLA/35/2022 on 7 June, 2022
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07.06.20 Bail Application No. 1 of 2022
22
In
CRLA No. 35 of 2022
Hon'ble S.K. MISHRA , ACJ.
Hon'ble R.C. Khulbe, J.
Ms. Pushpa Joshi, learned Senior Counsel assisted
by Ms. Chetna Latwal, learned counsel for the
appellant.
Mr. J.S. Virk, learned Deputy Advocate General with
Mr. R.K. Joshi, learned Brief Holder for the State of
Uttarakhand.
Mr. Rajendra Singh Azad, learned counsel for the
private respondent.
Heard learned counsel for the parties.
This is a bail application under Section 389 the
Code. Appellant, namely Ved Pal has prayed for
suspension of sentence and grant of bail upon appeal.
He has been convicted under Sections 302 read with
149, 452, and 323 read with 149, 147 and 148 of the
Indian Penal Code (hereinafter referred to as the 'Code'
for brevity) by the learned II Additional Sessions Judge,
Roorkee, District Haridwar in Sessions Trial No. 198 of
2016 by judgment dated 23/24.12.2021. Under Section
302 read with 149 of the Code, he has been sentenced
to undergo life imprisonment and a fine of Rs. 25,000/-
and in default of payment of fine, to further undergo
one year's additional simple imprisonment. Under
Section 452 of the Code, he has been sentenced to
undergo seven years' imprisonment and a fine of Rs.
10,000/- and in default of payment of fine, to undergo
six months' additional simple imprisonment. Under
Section 323 read with 149 of the Code, he has been
sentenced to undergo one year's imprisonment and to
pay a fine of Rs. 5,000/- and in default of payment of
fine, to further undergo three months' additional simple
imprisonment. Under Section 147 of the Code, he has
been sentenced to undergo one year's imprisonment
and to pay a fine of Rs. 5,000/- and in default of
payment of fine, to further undergo three months'
additional simple imprisonment and under Section 148
of the Code, he has been sentenced to undergo one
year's imprisonment and to pay a fine of Rs. 5,000/-
and in default of payment of fine, to further undergo
three months' additional simple imprisonment.
Ms. Pushpa Joshi, the learned Senior Counsel
appearing on behalf of the appellant, would submit that
an offence under Section 302 of the Code is not made
out, rather an offence under Section 304 of the Code,
either in Part-I or Part-II, is made out, as the
prosecution alleges that the appellant entered inside
the house of the deceased and assaulted him by Lathi,
Danda and brick-beds having no intention to commit
murder of the deceased.
Furthermore, it is also brought to our notice that
no specific overt act has been stated to by any of the
prosecution witnesses to have been committed by the
appellant.
Mr. Rajendra Singh Azad, the learned counsel for
the private respondent, has very emphatically opposed
the Bail Application.
The appellant was on bail in the course of trial,
and there is no allegation that he misused the liberty
granted to him by the Court. Apart from it, no specific
role has been assigned to any of the accused persons,
and general and omnibus statements have been made
by them.
The appellant is a permanent resident of Village
Peerpura, Police Station Kotwali Manglaur, District-
Haridwar. He has no criminal history and there is no
reasonable apprehension of his absconding from the
process of justice.
In that view of the matter, the Bail Application is
allowed. Sentence awarded by the learned II
Additional Sessions Judge, Roorkee, District Haridwar in
Sessions Trial No. 198 of 2016 qua the appellant,
namely Ved Pal is hereby suspended. He shall be
released on bail, on such terms and conditions, as the
learned II Additional Sessions Judge, Roorkee, District
Haridwar, deems fit and proper.
Urgent certified copy of this order be supplied to
the learned counsel for the parties, as per Rules.
(R.C. Khulbe, J.) (S.K. Mishra, ACJ)
07.06.2022 07.06.2022
Rathour
