CRLA/203/2020
2022 Latest Caselaw 1812 UK

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                                  IA/5267 of 2022 (Appl. for Second Bail)
                                  In
                                  CRLA No.203 of 2020
                                  Shri Sanjaya Kumar Mishra, ACJ.
                                  Shri Ramesh Chandra Khulbe, J.

Mr. Suresh Chandra Bhatt, the learned counsel for the appellant.

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

Heard the learned counsel for the parties on the second bail application.

This application for second bail and suspension of sentence (IA/5267 of 2022) has been filed under Section 389 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C."). The appellant, namely, Narendra Singh @ Chhote, who has been convicted and sentenced to imprisonment for life under Section 302/34 IPC in Sessions Trial No.12 of 2014 decided on 29.02.2020 by the Additional Sessions Judge, Khatima Udham Singh Nagar, has prayed for suspension of sentence and grant of bail upon appeal.

He has been convicted along with Jashoda Devi and Kiran, who has been granted bail by this Court vide order dated 19.05.2022 in Application No.5266/22 and order dated 24.02.2022 in Application No.5265/2021 respectively.

Learned counsel for the appellant would argue that there is discrepancy regarding the weapon of offence used by the appellant- Narendra Singh @ Chhote, as far as evidences of PW2 and PW3 are concerned. It is also brought to our notice that the prosecution has not established that the deceased had sustained any injury that might have been caused by such weapon. The appellant was on bail during the course of trial and there is no allegation that he had misused the liberty granted to him during the pendency of the

trial. There is no chance of his absconding as he is a permanent resident of Nanakmatta, District Udham Singh Nagar. Moreover, two accused persons have been granted bail by this Court in the present Criminal Appeal arising out of the same Sessions Trial number on 19.05.2022 and 24.02.2022. Hence, parity is kept in mind.

In that view of the matter, second Bail Application (IA/5267 of 2022) is, hereby, allowed. Sentence awarded by Additional Sessions Judge, Khatima, Udham Singh Nagar vide judgment and order dated 29.02.2020 in Sessions Trial No.12 of 2014 qua appellant no.1 - Narendra Singh @ Chhote is hereby suspended. He shall be released on bail on the ground of parity, on such terms and conditions, as the Additional District Judge, Khatima, Udham singh Nagar, deems fit and proper.

(R.C. Khulbe, J.) (S.K. Mishra, ACJ.) 23.06.2022 SS/RB