CRLA/333/2019
2022 Latest Caselaw 3554 UK

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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 Bail Application No. 3731 of 2022
                                 In
                                 CRLA No.333 of 2019
                                 Hon'ble S.K. Mishra,J.

Hon'ble Alok Kumar Verma, J.

Mr. Sanjay Bhatt, learned counsel for the appellants.

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

This is the Bail Application, filed by the appellant- Pawan Singh, under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for suspension of sentence and grant of bail upon appeal. He has been convicted and sentenced to undergo imprisonment for a period of one year along with a fine of Rs.3,000/- for the offence punishable under Section 147/148 of the Indian Penal Code, 1860 (hereinafter referred to as the Penal Code), and, in default of payment of fine, further to undergo imprisonment for a period of two months, he has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.10,000/- for the offence punishable under Section 307 of the Penal Code, and, in default of payment of fine, further to undergo rigorous imprisonment for a period of one year, he has been convicted and sentenced to undergo rigorous life imprisonment along with a fine of Rs.10,000/- for the offence punishable under Section 302 of the Penal Code, and, in default of payment of fine, further to undergo rigorous imprisonment for a period of one year, vide judgment dated 04.06.2019, passed by learned District and Sessions Judge Champawat, in Sessions Trial No.04 of 2016.

It is borne out from the record that eye witness of the occurrence, who attributed specific role to the present appellant along with others to have inflicted injuries to the deceased, by means of knife. The co- convict, namely, Dalip Singh's application was considered by this Court and as per the order dated 26.02.2021, his application has been rejected on the ground of materials available on record.

We are inclined to maintain parity as there is sufficient direct evidence in this case, regarding the complicity of the appellant, which is supported by the medical evidence, we are not inclined to suspend the sentence.

In that view of the matter, we are of the opinion that, at this stage, the Court is not inclined to suspend the sentence or grant the bail upon appeal to the appellant. Accordingly, the application for suspension of sentence and grant of bail upon appeal is hereby rejected.

The matter be listed on 21.02.2023 for final disposal.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 09.11.2022

Neha/SB