CRLA/316/2021
2022 Latest Caselaw 1782 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                        15th JUNE, 2022

           BAIL APPLICATION (IA NO.01 OF 2021)
                           In
             CRIMINAL APPEAL NO.316 OF 2021



Between:

Smt. Sheela                                  ........Appellant
and

State of Uttarakhand                             ...Respondent



Counsel for the Appellant        :      Mr. D.K. Tyagi.


Counsel for the State            :      Mr. S.S. Adhikari,
                                        learned Deputy Advocate
                                        General for the State.



Hon'ble Alok Kumar Verma,J.

The present appeal has been filed against the judgment dated 13.09.2021/14.09.2021, passed by the IVth Additional Sessions Judge, Haridwar in Sessions Trial No.117 of 2015, "State vs. Dilip alias Kripa Paswan and Smt. Sheela", whereby, the appellant Smt. Sheela has been convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.5,000/- for the offence under Section 307 read with Section 120B of IPC. In default of payment of fine, the appellant has been directed to undergo further additional rigorous imprisonment for a period of one month.

2. Heard Mr. D.K. Tyagi, learned counsel for the appellant and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

3. The learned counsel for the appellant submitted that there are material contradictions in the statements of the prosecution witnesses; there are substantial doubt about the conviction; the appellant was no bail during the trial and the conditions of bail were neither misused nor violated by the appellant, and, the appellant is a lady, aged about 50 years.

4. The learned counsel for the State opposed the bail application, however, he fairly conceded that the appellant was on bail during the trial and the conditions of bail were neither misused nor violated by the appellant.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the appellant - Smt. Sheela, provided she submits a personal bond and two reliable sureties of the same amount to the satisfaction of the court concerned.

6. The learned counsel for both the parties requested for paper book. The Registry is directed to prepare the paper book and supply the same to the learned counsel for the parties, on the payment of usual charges.

___________________ ALOK KUMAR VERMA, J.

Dated: 15th June, 2022 Pant/