CRLA/201/2018
2022 Latest Caselaw 3626 UK

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      Date                                           COURT'S OR JUDGES'S ORDERS
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                                 I.A. No. 11411 of 2022
                                 In
                                 CRLA No. 201 of 2018
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Lalit Sharma and Shri M.K. Ray, learned counsel for the appellant / applicant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code" for brevity) filed by the appellant / applicant - Shera for suspension of sentence and grant of bail upon appeal. The appellant has been convicted under Section 364A, 386/34, 302, 201, 120-B IPC by 1st Addl. Sessions Judge, Udham Singh Nagar, vide judgment and order dated 31.05.2018 passed in Sessions Trial No. 109 of 2012 and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 20,000/- under Section 302/34 IPC along with other sentences under different sections.

It is borne out of the record that the case of the prosecution is entirely based upon circumstantial evidence. The circumstances that have been relied upon are - last seen of the appellant with the deceased, demand of ransom from the father of deceased, recovery of mobile from which ransom call was made and death of the deceased was homicidal in nature.

Learned counsel for the appellant would draw our attention to the fact that the witnesses, who speak about the last seen of the appellant with the deceased, were examined a month after the incident and dead body was recovered in a decomposed condition and there was no DNA test conducted.

Appellant Shera is in custody since 16.01.2012 i.e. for about 10 years and 10 months and there is reasonable expectation that the appeal may be taken up for final hearing at an early date, as it relates to the year 2018 and there are years old matter pending in this Court.

Considering the totality of facts and circumstances described above and the fact that appellant is permanent resident of District Udham Singh Nagar and hence, there is no reasonable apprehension of his absconding from the process of justice, bail application no. 11411 of 2022 upon appeal is allowed. Sentence dated 31.05.2018 passed by 1st Addl. Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 109 of 2012 shall remain suspended during the pendency of this appeal.

Let the appellant / applicant be released on bail, during the pendency of this appeal, on such suitable terms and conditions, as the 1st Addl. Sessions Judge, Udham Singh Nagar, may deem fit and proper in the facts and circumstances of the case.

List on 14.02.2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 15.11.2022 (Grant urgent certified copy of this order, as per Rules.) SKS