CRLA/177/2021
2022 Latest Caselaw 3481 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Second Bail Application No.03 of 2022
                                 In
                                 CRLA No.177 of 2021
                                 Hon'ble S.K. Mishra,J.

Hon'ble Alok Kumar Verma, J.

Mr. Ajay Joshi, learned counsel for the appellant.

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

This is the Second Bail Application, filed by the appellant-Mujahid alias Khan alias Pappu alias Manoj alias Sahil, under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail upon appeal. He has been convicted and sentenced to undergo life imprisonment along with a fine of Rs.5,000/- for the offence punishable under Section 301/302 read with Section 120B (i) of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code") and in default of payment of fine, further to undergo additional simple imprisonment for a period of three months vide judgment dated 09.03.2021/ 15.03.2021, passed by II Additional District and Sessions Judge Haridwar in Sessions Trial No.52 of 2018.

It is apparent from the record that the only material available against the present appellant is that one Vivek Thakur alias Vickky Thakur implicated the present applicant as the assailant. The similarly placed person, namely, Sahrukh alias Pathan alias Dhappu has been granted bail in BA1 No.1 of 2021 arising out of Criminal Appeal No.189 of 2021 as per the order dated 02.08.2022. The Court is of the view that it is a case of parity. The second bail application is allowed. Let the appellant be released on bail on execution of bail bond of Rs. 50,000/- with two sureties for the like amount, with the following stipulations:-

"i. The appellant shall maintain peace and tranquillity during the pendency of the appeal.

ii. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

iii. The appellant shall report to the S.H.O., Dehradun Police Station on every Monday of each month in between 11 a.m. to 1 p.m. till the disposal of the appeal."

It is clarified that if the appellant misuses the liberty, his bail shall be cancelled.

Let a copy of this order be sent to the S.H.O. Dehradun through the S.S.P. Dehradun.

Let a copy of this order may also be supplied to the learned Deputy Advocate General for early compliance.

In that view of the matter, the bail application is allowed. Sentence awarded by the learned II Additional District and Sessions Judge Haridwar in Sessions Trial No.52 of 2018 is hereby suspended. The bail application stands disposed of.

The matter be listed in the fourth week of March, 2023.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 02.11.2022

Neha/PN