Uttarakhand High Court
CRLA/112/2022 on 9 November, 2022
SL. Office Notes,
No. Date reports,
orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
IA No. 1 & 2 of 2022
In
CRLA No. 112 of 2022
With
CRLA No. 232 of 2022
Hon'ble Sanjaya Kumar Mishra, J.
Hon'ble Alok Kumar Verma, J.
Ms. Unnati Pant, learned counsel holding
brief of Mr. Vinay Singh Chauhan, learned
counsel for the appellant in CRLA No. 112 of
2022.
Mr. R.S. Sammal and Ms. Sarita Bisht,
learned counsel for the appellant in CRLA No.
232 of 2022.
Mr. J.S. Virk, learned Deputy Advocate
General with Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State of Uttarakhand.
These are the bail applications filed under
Section 389 of the Code of Criminal Procedure,
1973 (hereinafter referred to as "the Code" for
brevity) by the appellants - Mohit and Munesh
of 2022 respectively for suspension of sentence
and releasing them on bail.
Both, appellant - Mohit in IA No. 1 of
2022 arising out of CRLA No. 112 of 2022 and
appellant - Munesh in IA No. 2 of 2022 arising
out of CRLA No. 232 of 2022 have been
convicted by order and judgment dated
31.03.2022 of the learned 3rd Additional District
and Sessions Judge, Rudrapur, District - Udham
Singh Nagar, for the offence punishable under
Section 302 read with Section 34 of IPC and
awarded life imprisonment along with a fine of
Rs. 25,000/- and in default of payment of fine to
undergo further 3 months additional simple
imprisonment and under Section 397 read with
Section 34 of IPC and awarded seven years
rigorous imprisonment and further appellant -
Mohit has also been convicted under Section
411 of IPC and awarded one year simple
imprisonment along with a fine of Rs. 5,000/-
and in default of payment of fine to undergo
further one month additional simple
imprisonment.
It is apparent from the record that the
appellant - Munesh was implicated by PW- 1 to
have committed the offence along with others as
an eye-witness to the occurrence. After
assaulting four culprits while escaping from the
Singla Agro Industries of the deceased, the staff
and PW - 1 caught the appellant - Munesh and
the F.I.R. was lodged.
However, the appellant - Mohit has been
implicated later on. Though, the appellants -
Munesh and Mohit have been identified by the
PW- 1. The case of the appellant - Mohit stands
in different put in, as he was not apprehended on
the spot. Later on, he has been apprehended by
the Investigating Officer.
The other evidence that is available against
the appellant - Mohit is that a bag containing
some cash was recovered from his house on his
pointing out. The appellant - Mohit was on bail
during course of the trial and there is no
allegation from the side of the prosecution that
he has misused the liberty in anyway. However,
the appellant - Munesh was not granted bail
during course of the trial.
In that view of the matter, we are inclined
to allow the application (IA No. 1 of 2022) for
bail of the appellant - Mohit for suspension of
sentence and granting bail to him upon appeal,
but we are not inclined to allow the application
(IA No. 2 of 2022) as far as the appellant -
Munesh is concerned.
Appellant - Mohit is the permanent resident
of Village Latifpur, Pastora, P.S. Behjoi,
Moradabad, District - Moradabad, Uttar
Pradesh, hence, there no reasonable chance of
his absconding from the process of justice.
In that view of the matter, this Court is
inclined to suspend the sentence of the appellant
- Mohit and grant bail to him during the
pendency of the appeal.
Thus, the bail application (IA No. 1 of
2022) under Section 389 of the Code is allowed.
The sentence is suspended.
Let the appellant - Mohit be released on
bail on the suitable terms and conditions as the
learned 3rd Additional District and Sessions
Judge, Rudrapur, District - Udham Singh Nagar
deems just and proper.
The application, filed by the appellant -
Munesh for bail and suspension of sentence, is
hereby rejected.
The matter be listed on 14.02.2023.
The bail application (IA No. 1 of 2022)
stands disposed of.
(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.)
09.11.2022
(Grant urgent certified copy of this order, as per Rules)
A/-
