CRLA/376/2021
2022 Latest Caselaw 1698 UK

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                      COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
                order with
               Signatures
                               Bail Application No. 01 /2021
                               In
                               CRLA No. 374 of 2021

                               With
                               Bail Application No. 01 /2021
                               In
                               CRLA No. 376 of 2021


                               Shri Sanjaya Kumar Mishra, ACJ.
                               Shri Ramesh Chandra Khulbe, J.

Mr. Rakesh Thapliyal, learned Senior Counsel assisted by Mr. Mukesh Kumar Kaparuwan, learned counsel for the applicant- appellant.

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

Heard the learned counsel for the parties. These are applications under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Criminal Code'), for grant of bail upon appeal and suspension of sentence, filed by appellant-applicant Abid, who has been convicted under Section 147, 148, 149, 34, 302 of the Indian Penal Code, and under Section 25 of the Arms Act. The convict- appellant was sentenced accordingly vide judgment and order dated 08/12.10.2021, passed by learned II Additional Sessions Judge, Haridwar, in Sessions Trial Nos. 50 of 2011 and 51 of 2011.

Vide our order dated 24.03.2022, passed in Criminal Appeal No. 375 of 2021, other two convicts-appellants, namely, Usman and Aqil have been granted bail upon appeal. It is apparent from the record that the juvenile, who faced the enquiry before the Juvenile Justice Board, Haridwar was found to have not committed any offence in respect of an offence he was named in the FIR, and also charge- sheeted. On recall, the prosecution witnesses, i.e., the eye witnesses of the occurrence have resiled from their testimonies and have turned hostile to the prosecution.

The applicant-appellant was on bail during course of trial, and there is no allegation from the side of the prosecution that he misused the liberty granted to him in any manner. The applicant-appellant is permanent resident of Ikbalpur Kamelpur, P.S. Gangnahar, District Haridwar, and as such there is no reasonable apprehension of his absconding from the process of justice.

As far as the pendency of another criminal case is concerned, it is borne out from the record that a Single Bench of this Court has earlier granted bail to the present applicant-appellant vide order dated 26.07.2021, passed in Bail Application No. 1002 of 2021, finding prima facie that he was not present on the spot at the time of the occurrence.

In that view of the matter, and also keeping in view the principles of parity, we are inclined to grant bail to the present applicant- appellant. Hence, the bail applications, in both the criminal appeals aforementioned, are allowed.

The sentences are suspended. The applicant-appellant Abid be released on bail, during the pendency of the present criminal appeals, on suitable terms and conditions, deemed just and proper by the learned trial judge.

Urgent 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

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