Uttarakhand High Court
CRLA/392/2019 on 15 March, 2022
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
15.03.2022 CRMA BAIL APPLICATION NO. 3538 OF 2019
IN
CRLA 392 of 2019
&
CRMA BAIL APPLICATION NO. 3537 OF 2019
IN
CRLA 467 OF 2019
Shri S.K. Mishra, A.C.J.
Shri R.C. Khulbe, J.
Mr. Rakesh Thapliyal, learned Senior
Counsel assisted by Mr. Lalit Sharma, 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.
Heard the learned counsel for the parties.
These are Bail Applications under
Section 389 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as
"the Cr.P.C."). The appellant, namely Ranjeet
Singh @Jeeta, has prayed for suspension of
sentence and grant of bail upon appeal. The
appellant has been convicted by the learned
Additional District and Sessions Judge,
Khatima, District-Udham Singh Nagar in
Sessions Trial No. 190 of 2014 for the
offence under Section 302 of the Indian
Penal Code (for short "the IPC") and
connected with Sessions Trial No. 191 of
2014, and sentenced to undergo life
imprisonment with a fine of Rs. 50,000/-,
and in default of payment of fine to undergo
further six months' simple imprisonment. He
has been further convicted for the offence
under Section 25 of the Arms Act, and
sentenced to undergo one year's rigorous
imprisonment with a fine of Rs. 5,000/-, and
in default of payment of fine to undergo
further one month's simple imprisonment.
It is borne out from the record that the
appellant, namely Ranjeet Singh alias Jeeta,
was on bail during the course of trial and
there is no allegation from the side of the
prosecution that he misused the liberty
granted. The appellant is a permanent
resident of Village Govindpur, P.S. Sitarganj,
District Udham Singh Nagar, and there is no
reasonable apprehension of his absconding
from the process of justice. On the merit of
the case, Mr. Rakesh Thapliyal, the learned
Senior Counsel appearing on behalf of the
appellant, submits that the alleged three
eye-witnesses examined by the prosecution
have turned hostile, and the learned
Additional District and Sessions Judge,
Khatima, District Udham Singh Nagar has
based his conviction on homicidal death of
the deceased and recovery of a country-
made pistol, alongwith the report of the FSL.
It is also submitted that the chain of
circumstances is not complete in this case.
In that view of the matter, we are of
the opinion that the sentences of the
appellant should be suspended, both
imprisonment and fine.
Hence, the Bail Application Nos. 3538
of 2019 and 3537 of 2019 are allowed. The
sentences awarded to the appellant i.e.
Ranjeet Singh alias Jeeta, both imprisonment
and fine, by the learned Additional Sessions
Judge, Khatima, District Udham Singh Nagar
vide judgment and order dated 06.08.2019
in Sessions Trial Nos. 190 and 191 of 2014
are hereby suspended.
The appellant shall be released on bail,
on such terms and conditions as deemed just
and proper by the learned Trial Court in the
aforesaid case.
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, A.C.J.)
15.03.2022 15.03.2022
Rathour
