Uttarakhand High Court
CRLA/477/2019 on 12 May, 2022
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12.05.2022 IA SHORT TERM BAIL APPLICATION NO. 3 OF 2022
IN
CRLA 477 OF 2019
Shri S.K. Mishra, A.C.J.
Shri R.C. Khulbe, J.
Mr. Mohd. Safdar, 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.
This Short-Term Bail Application has
been filed by the appellant, namely Waseem
@ Kala, with a prayer to release him so that
he may solemnize the marriage of his son,
which is scheduled to be held on 19.05.2022.
The appellant has been convicted by the
learned 1st Additional Sessions Judge,
Roorkee, District-Haridwar in Sessions Trial
No. 12 of 2016 for the offences under
Sections 302, read with Section 34, 307,
323, and 324 read with Section 34 of the
Indian Penal Code (for short "the IPC"), and
for the offence under Section 302, read with
Section 34, of IPC, he was sentenced to
undergo life imprisonment with a fine of Rs.
5,000/-, for the offence under Section 307
read with Section 34, of IPC, he was
sentenced to undergo ten years' rigorous
imprisonment with fine of Rs. 2,000/- and in
default of payment of fine to undergo further
one month's simple imprisonment. For the
offence under Section 323 read with Section
34 of IPC, he was sentenced to undergo one
year's rigorous imprisonment with fine of Rs.
500/- and in default of payment of fine to
undergo fifteen days' additional simple
imprisonment, and for the offence under
Section 324 read with Section 34 of IPC, he
was sentenced to undergo two years'
rigorous imprisonment with fine of Rs.
1,000/- and in default of payment of fine to
undergo twenty days' additional simple
imprisonment.
The learned Deputy Advocate General
for the State of Uttarakhand, on instructions
from the concerned SHO, submits that in fact
the marriage ceremony of the son of the
appellant is scheduled to be held on
19.05.2022.
In that view of the matter, we allow the
Bail Application (IA No. 3 of 2022). The
sentences awarded to the appellant i.e.
Waseem alias Kala, both imprisonment and
fine, by the learned 1st Additional Sessions
Judge, Roorkee, District Haridwar in S.T. No.
12 of 2016 vide judgment and order dated
20.08.2019/21.08.2019 are hereby
suspended.
The appellant shall be released on bail
for a period of two weeks to be reckoned
from the date of his release, on such terms
and conditions, which the learned 1st
Additional Sessions Judge, Roorkee, District
Haridwar deems just and proper in Sessions
Trial No. 12 of 2016.
After completion of the short-term bail
period, the appellant shall surrender before
the learned 1st Additional Sessions Judge,
Roorkee, District Haridwar, who shall remand
him to the custody. Failing his surrender,
appropriate warrant shall be issued by the 1st
Additional Sessions Judge, Roorkee, District
Haridwar.
Short-Term Bail Application (IA No. 3 of
2022) stands disposed of.
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.)
12.05.2022 12.05.2022
Rathour
