CRLA/35/2019
2022 Latest Caselaw 938 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                    COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      25.03.2022                     Second Bail Application (IA No. 10149 of 2021)
                                     In
                                     CRLA No. 35 of 2019
                                     Sri S.K. Mishra, A.C.J.
                                     Sri N.S. Dhanik, J.

Mr. B.D. Pande and Mr. Manoj Joshi, the learned counsel for the appellant.

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

Heard the learned counsel for the parties.

This is a Successive Bail Application under Section 389 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C."). The appellant, namely Nandan Singh, has prayed for suspension of sentence and grant of bail upon appeal. The appellant has been convicted for the offence under Section 302 of the Indian Penal Code (for short "the IPC") and sentenced to rigorous life imprisonment with a fine of Rs. 10,000/-, and in default of payment of fine to undergo further one year's additional rigorous imprisonment.

Admittedly, the case of the prosecution is based entirely on circumstantial evidence, and most of the witnesses have turned hostile in this case.

The learned counsel for the appellant submits that the learned First Additional Sessions Judge, Haldwani, District Nainital, has erroneously placed the burden of proving his innocence on the accused- appellant by invoking the provisions of Section 106 of the Indian Evidence Act, 1872.

The appellant was on bail during the trial, and there is no allegation from the side of the prosecution that he had misused the liberty granted to him. Moreover, the appellant is a permanent resident of Sanjay Nagar No. 1, Bindukhatta, Police Station- Lalkuan, District-Nainital. So, there is no chance of his absconding from the process of justice. There is also no allegation on behalf of the prosecution that the appellant will tamper with the prosecution evidence, if he is released on bail. The last Bail Application of the appellant was rejected on 07.07.2020. In the meantime, more than 1 year 9 months have elapsed and there is no progress in hearing of the Appeal.

Accordingly, we are of the opinion that the sentence of the appellant should be suspended, both imprisonment and fine.

Hence, the Second Bail Application (IA. No. 10149 of 2021) is allowed. The sentence awarded to the appellant, i.e. Nandan Singh, both imprisonment and fine, by the learned First Additional Sessions Judge, Haldwani, District Nainital, vide judgment and order dated 22.01.2019 in Session Trial No. 56 of 2016 is 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.

        (N.S. Dhanik, J.)      (S.K. Mishra, A.C.J.)
          25.03.2022               25.03.2022
Rahul