Uttarakhand High Court
CRLA/120/2022 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 of 2022
In
CRLA No. 120 of 2022
With
CRLA Nos. 125 & 128 of 2022
Hon'ble Sanjaya Kumar Mishra, J.
Hon'ble Alok Kumar Verma, J.
Mr. Lalit Sharma, learned counsel for the
appellants.
Mr. J.S. Virk, learned Deputy Advocate
General with Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State of Uttarakhand.
This is the bail applications filed under
Section 389 of the Code of Criminal Procedure,
1973 (hereinafter referred to as "the Code" for
brevity) by the appellant - Deepak Bisht in CRLA
No. 120 of 2022 for suspension of sentence and
grant him bail upon appeal.
Appellant - Deepak Bisht has been
convicted by order and judgment dated
06.04.2022 of the learned 1st Additional Sessions
Judge, District - Udham Singh Nagar, for the
offence punishable under Section 302 read with
Section 34 of IPC and to undergo rigorous
imprisonment for life along with a fine of Rs.
5,000/- and in default of payment of fine to
undergo further 01 month additional simple
imprisonment along with two others accused
namely Lokendra and Kapil.
Though, there are eye-witnesses to the
occurrence, there appears to be certain
discrepancies in their evidence in the sense that
PW - 1 states that the appellant - Deepak Bisht
fired at the deceased but he did not hit the
deceased. Whereas PW - 3 - Imran has stated that
though, the appellant - Deepak Bisht was present
at the time of occurrence on the spot, but he did
not see the appellant - Deepak Bisht assaulting
the deceased.
It is not disputed at this stage that the
appellant - Deepak Bisht is a neighbor of the
deceased and their houses stand adjoining to each
other. The appellant - Deepak Bisht 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 granted to him, in anyway.
In that view of the matter, we are inclined to
allow the application (IA No. 1 of 2022) for bail
of the appellant - Deepak Bisht for suspension of
sentence and granting bail to him upon appeal.
Appellant - Deepak Bisht is the permanent
resident of Mohalla Jagatpura, P.S. Rudrapur,
District - Udham Singh Nagar, 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 -
Deepak Bisht 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 - Deepak Bisht be released
on bail on the suitable terms and conditions as the
learned 1st Additional Sessions Judge, District -
Udham Singh Nagar deems just and proper.
List these connected matters on 21.02.2023
for final disposal.
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/-
