CRLA/222/2022
2022 Latest Caselaw 3608 UK

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                                  IA No. 2 of 2022
                                  In
                                  CRLA No. 222 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Rahul Consul, Advocate, for the appellant.

Mr. T.C. Agarwal, Deputy A.G., for the State of Uttarakhand.

This Criminal Appeal has been preferred by the appellant against the judgment of conviction dated 21st May, 2022, as it was rendered by the Court of 3rd Addl. District and Sessions Judge Rudrapur, District Udham Singh Nagar, where on culmination of the Sessions Trial No. 71 of 2020, which was being tried for the offences under Sections 363, 370 and 120-B of the IPC, State Vs. Geeta and others, the appellant has been convicted for the offences and sentenced for three years of simple imprisonment under Sections 370 and 120-B of the IPC and a fine of Rs.5,000/- each has been imposed upon her.

During the course of trial, the appellant has already served sentenced from 9th December, 2019 till 13th July, 2021, i.e. almost 1-1/2 years.

When the judgement of conviction was rendered, the appellant was extended the benefit of Section 357 of the Cr.P.C.

Considering the fact that the applicant / appellant has already undergone 50% of the sentence imposed upon her by the judgment of conviction, coupled with the fact, that after extension of the benefit under Section 357 of the Cr.P.C., there is no report as such of the applicant having misused the benefit extended to her.

In that eventuality, the applicant is directed to be released on bail, subject to furnishing of her a personal bond and two sureties of the like amount to the satisfaction of the District and Sessions Judge, Rudrapur, District Udham Sing Nagar.

       However,        the       release     of        the
applicant/appellant would         be   subject    to   the

condition that she would deposit the 50% of the penalty amount, as imposed for the two sentenced offences.

The Bail Application stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 14.11.2022 Shiv