Uttarakhand High Court
CRLA/314/2017 on 16 November, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SHRI JUSTICE S.K. MISHRA, J.
AND
SHRI JUSTICE ALOK KUMAR VERMA, J.
16th NOVEMBER, 2022
BAIL APPLICATION NO. 15784 OF 2022
SECOND BAIL APPLICATION NO. 15785 OF 2022
With
CRIMINAL APPEAL NO. 314 of 2017
Between:
Babu Ram and Others ...Appellants
and
State of Uttarakhand ...Respondent
Mr. Ajay Joshi, learned counsel for the appellant- Babu Ram.
Mr. Mohd. Umar, learned counsel for the appellants- Vikram, Raj
Kumar and Jony.
Mr. J.S. Virk, learned Deputy Advocate General for the State.
Upon hearing the learned Counsel, the Court made the
following
ORDER: (per Shri S.K. Mishra, J.)
The First Bail Application is filed by the
appellants- Vikram, Raj Kumar and Jony 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 and the Second Bail Application
is filed by the appellant- Babu Ram, under Section 389 of
the Code for suspension of sentence and grant of bail upon
appeal They have been convicted and sentenced to
undergo imprisonment for life along with a fine of
Rs.5,000/- each for the offence punishable under Section
302 read with Section 149 of the Indian Penal Code
(hereinafter referred to as the "Penal Code, and, in default
of payment of fine, further to undergo imprisonment for a
period of one month each, they have been convicted and
sentenced to undergo imprisonment for a period of five
years along with a fine of Rs.1,000/- each for the offence
punishable under Section 307 read with Section 149 of the
Penal Code, and, in default of payment of fine, further to
undergo imprisonment for a period of one month each,
they have been convicted and sentenced to undergo
imprisonment for a period of one year along with a fine of
Rs.500/-each for the offence punishable under Section 147
of the Penal Code, and, in default of payment of fine,
further to undergo imprisonment for a period of fifteen
days each, they been convicted and sentenced to undergo
imprisonment for a period of two years along with a fine of
Rs.500/- each for the offence punishable under Section
148 of the Penal Code, and, in default of payment of fine,
further to undergo imprisonment for a period of fifteen
days each, they have been convicted and sentenced to
undergo imprisonment for a period of one year along with
a fine of Rs.500/- each for the offence punishable under
Section 504 of the Penal Code, and, in default of payment
of fine, further to undergo imprisonment for a period of
fifteen days each, and they have been further convicted
and sentenced to undergo imprisonment for a period of
one year along with a fine of Rs.500/- each for the offence
punishable under Section 506 of the Penal Code, and, in
default of payment of fine, further to undergo
imprisonment for a period of fifteen days each, vide
judgment dated 12.10.2017, passed by learned Ist
Additional Sessions Judge, Roorkee, District Haridwar in
Sessions Trial No. 31 of 2012 respectively. All the
sentences are directed to run concurrently.
Heard on First Bail Application No. 15784 of
2022.
2. The appellants- Vikram, Raj Kumar and Jony
have been convicted for the offence under Sections 147,
148, 504, 506, 302 read with Section 149 and Section 307
read with Section 149 of the Indian Penal Code. They have
been sentenced variously for different offences. The
highest punishment awarded to them is under Section 302
read with Section 149 of the Penal Code and they were
sentenced to undergo imprisonment for life and to pay a
fine of Rs.5,000/- with default sentence. It is also seen
that on 20.09.2022, the co-accused persons, namely,
Sanjay and Kuldeep, have already been granted bail by
the co-ordinate Bench of this Court during the course of
the bail upon appeal and sentence has been suspended.
3. The case of the present appellants stands on
same footing as that of those two appellants, namely,
Kuldeep and Sanjay, who have already been released on
bail by this Court.
4. In that view of the matter, and, on the changed
circumstances of the grant of bail of the co-accused
persons, as well as the principle of parity, we are inclined
to allow the bail. Hence, the bail application is allowed.
Sentence awarded by the learned Ist Additional Sessions
Judge, Roorkee, District Haridwar in Sessions Trial No.31
of 2012 is hereby suspended. They shall be released on
bail, on such suitable terms and conditions, as the learned
Ist Additional Sessions Judge, Roorkee, District Haridwar,
deems fit and proper.
5. The First Bail Application stands disposed of
accordingly.
Heard on Second Bail Application No.15785 of
2022.
6. The appellant-Babu Ram's application was last
rejected on 13.07.2020 by the Co-ordinate Bench of this
Court. The appellant- Babu Ram have been convicted for
the offence punishable under Sections 147, 148, 504, 506,
302 read with Section 149 and Section 307 read with
Section 149 of the Indian Penal Code. He has been
sentenced variously for different offences. The highest
punishment awarded to him is under Section 302 read
with Section 149 of the Penal Code and he was sentenced
to undergo imprisonment for life and to pay a fine of
Rs.5,000/- with default sentence. It is also seen that on
20.09.2022, the co-accused persons, namely, Sanjay and
Kuldeep, have already been granted bail during the course
of the bail upon appeal and sentence has been suspended.
7. The case of the present appellant stands on
same footing as that of those two appellants, namely,
Kuldeep and Sanjay, who have already been released on
bail by this Court.
8. In that view of the matter, and, on the changed
circumstances of the grant of bail of the co-accused
persons, as well as the principle of parity, we are inclined
to allow the bail. Hence, the Second Bail Application is
allowed. Sentence awarded by the learned Ist Additional
Sessions Judge, Roorkee, District Haridwar in Sessions
Trial No.31 of 2012 is hereby suspended. The appellant-
Babu Ram be released on bail, on such suitable terms and
conditions, as the learned Ist Additional Sessions Judge,
Roorkee, District Haridwar, deems fit and proper.
9. The Second Bail Application stands disposed of
accordingly.
10. The matter be listed on the date fixed i.e.
14.02.2023 for the final disposal.
________________
S.K. MISHRA, J.
___________________
ALOK KUMAR VERMA, J.
Dt: 16th November, 2022
Neha/SB
