Sunil Kumar vs State Of Uttarakhand
2022 Latest Caselaw 491 UK

         IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

                          Bail Application No. 1 of 2021
                                        In
                         Criminal Appeal No. 343 of 2021


Sunil Kumar.                                                         .................Appellant.

                                             -Versus-
State of Uttarakhand.                                                   .........Respondent.

Present:
Ms. Monika Pant, learned counsel for the appellant / applicant.
Shri J.S. Virk, learned Deputy Advocate General with Shri Rakesh Joshi, Brief Holder for the State.


                                       With
                           Bail Application No. 1 of 2022
                                         In
                          Criminal Appeal No. 32 of 2022


Suman Devi.                                                          .................Appellant.

                                             -Versus-
State of Uttarakhand.                                                   .........Respondent.

Present:
Ms. Monika Pant, learned counsel for the appellant / applicant.
Shri J.S. Virk, learned Deputy Advocate General with Shri Rakesh Joshi, Brief Holder for the State.



                      Date of hearing and order: 03.03.2022

Coram:
Sri Sanjaya Kumar Mishra, ACJ.
Sri Ramesh Chandra Khulbe, J.

Upon hearing the learned counsel for the parties, the Court made following order (Per Sri Sanjaya Kumar Mishra, ACJ)

1. These are two bail applications filed under Section 389 Cr.P.C. for suspension of sentence and grant of bail upon appeal to both the appellants Sunil Kumar and Suman Devi. Appellants were convicted under Section 302/34, 201 IPC by 1st Additional Session Judge, Kashipur, Udham Singh Nagar vide judgment and

order dated 07.10.2021 and sentenced to undergo imprisonment for life.

2. It is admitted by the learned counsel for the parties that all the witnesses turned hostile in this case and the call detail report has not been proved properly. Appellants were on bail during the course of trial and there is no allegation that they misused the liberty granted to them. It is very emphatically contended by Ms. Monika Pant, learned counsel for the appellants that in both the cases, learned 1st Additional Sessions Judge, Kashipur, Udham Singh Nagar has convicted the appellants on the basis of conjecture and surmises. Appellants are permanent residents of Kashipur and Rampur and as such there is no reasonable apprehension of their being absconding from the process of justice.

3. In that view of the matter, bail application no. 1 of 2021 and bail application no. 1 of 2022 are allowed. Sentence awarded by 1st Additional Sessions Judge, Kashipur, Udham Singh Nagar vide judgment and order dated 07.10.2021 in Sessions Trial No. 44 of 2019 is hereby suspended. Let the appellants be released on bail, on such suitable terms and conditions, as 1st Additional Sessions Judge, Kashipur, Udham Singh Nagar, deems fit and proper.

4. Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules.

(Ramesh Chandra Khulbe, J.) (Sanjaya Kumar Mishra) Acting Chief Justice.

SKS