Uttarakhand High Court
CRLA/211/2019 on 24 March, 2022
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CRMA No. 1848/2020(Bail Application)
In
CRLA No.211 of 2019
Shri Sanjaya Kumar Mishra, ACJ.
Shri Ramesh Chandra Khulbe, J.
Mr. Lalit Sharma, learned counsel for
the appellant.
Mr. J.S. Virk, learned Deputy
Advocate General along with Mr. Rakesh
Joshi, learned Brief Holder for the State.
Mr. Siddharth Sah, learned counsel
for the private respondent.
Heard the learned counsel for the
parties.
This is a Bail Application under
Section 389 of the Code of Criminal
Procedure (hereinafter referred to as "the
Cr.P.C."). The appellant, namely
Rajendra Singh, has prayed for suspension
of sentence and grant of bail. He has been
convicted by the 3rd Additional Sessions
Judge, Udham Singh Nagar in Sessions
Trial No.91 of 2016, State Vs. Ranjeet
Singh & Others, under Sections 147, 148,
149, 307, 302, 504, 506 & 34 IPC vide
judgment and order dated 16.04.2019 and
sentenced him to undergo rigorous
imprisonment for different terms including
imprisonment for life with default
stipulation. All the sentences were directed
to run concurrently.
The learned counsel for the appellant
seeks bail of the appellant on the ground
that the appellant is 75 years old man and
he was granted bail by trial Court and also
by this High Court on the ground that his
eye-sight has become very week but during
the pendency of the appeal and trial he did
not misuse the conditions of the bail. He
would further argue that the appellant was
not attributed with any overt act and it was
only stated by the prosecution's witnesses
that he was present at the spot and was
holding a danda. The medical evidence
shows that death of the deceased was
caused by the gunshot injuries and no
injury was found on the body which can be
inflicted by the danda. Therefore, he argues
that he may be granted bail.
The learned Deputy Advocate General
for the State submitted that two other
persons who have been granted bail in this
case during the stage of trial, namely,
Pradhyut and Kara have allegedly
committed murder of one of the witnesses
to this case and the trial is pending against
them.
Mr. Siddhartha Sah, learned counsel
for the complainant would argue that
application seeking bail under Section 389
of the Code of the similarly situated persons
has been rejected by this Court. Hence,
there is no reason to grant bail to the
present appellant-Rajendra Singh.
It is not disputed that the appellant is
75 years old and is suffering from low eye-
sight. He was granted bail during the course
of the trail. The prosecution does not state
that he misused the liberty granted to him.
He is permanent resident of Udham Singh
Nagar; there is no reasonable chance of his
absconding; and, that no overt act was
attributed against him though liability has
been fixed vicariously under Section 149 of
the Penal Code.
In that view of the matter, we are of
the opinion to suspend the sentence and
grant him bail.
Hence, the Bail Application
(CRMA/1848/2020) is allowed. The
rd
sentence awarded by the 3 Additional
Sessions Judge, Udham Singh Nagar in
Sessions Trial No. 91 of 2016 vide
judgment and order dated 16.04.2019 is
hereby suspended as far as appellant-
Rajendra Singh is concerned.
The appellant shall be released on
bail on executing a bond of Rs.50,000/-
and two sureties in the like amount to the
satisfaction of the learned Additional
Sessions Judge, Udham Singh Nagar in
the aforesaid case with further condition
as under:-
i) He shall surrender his passport,
if any, before the learned trial
Judge till the disposal of the
appeal.
ii) He shall not leave the
jurisdiction of the trial Court
without expressed or prior
permission.
iii) If he has to go outside the State
for the purpose of treatment, he
will file application before the
learned Additional Sessions
Judge which shall be considered
on its merit.
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, ACJ.)
24.03.2022
SS/RB
