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CRLA/192/2021
2022 Latest Caselaw 3647 UK

Citation : 2022 Latest Caselaw 3647 UK
Judgement Date : 16 November, 2022

Uttarakhand High Court
CRLA/192/2021 on 16 November, 2022
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 I.A. No. 4 of 2022
                                 In
                                 CRLA No. 192 of 2021
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Ms. Shruti Joshi, learned counsel for the appellant / applicant.

Shri J.S. Virk, learned Deputy Advocate General for the State.

Appellant / applicant - Rajeev Saini, has been convicted under Section 302 IPC and under Section 25 of the Arms Act by 1st Addl. Sessions Judge, Rishikesh, Dehradun in Sessions Trial No. 157 of 2019 vide judgment and order dated 18/19.03.2021 and sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/- with default stipulation under Section 302 IPC and to undergo rigorous imprisonment for seven year and to pay fine of Rs. 10,000/- with default stipulation under Section 25 of the Arms Act.

This is a short term bail application filed by appellant / applicant - Rajeev Saini on the ground that his mother is suffering from Cholecystitits and chest pain, hence, his release on short term bail is necessary.

On the other hand, learned Deputy Advocate General would submit that in fact, his mother is suffering from the aforesaid disease but appellant has one brother, who is taking care of his mother.

Appellant has prayed for a short term bail of three months but keeping in view the fact that his mother is suffering from serious ailment, we are inclined to grant a short term bail of 15 days. Accordingly, short term bail application is allowed.

Let appellant / applicant - Rajeev Saini be released on short term bail for a period of 15 days, which shall be reckoned from the date of his release from the jail, on such suitable terms and conditions, as the 1st Addl. Sessions Judge, Rishikesh, Dehradun, deems fit and proper.

On completion of 15 days, appellant - applicant shall surrender before the Court, who in turn, shall send him to jail. If appellant - applicant fails to surrender before the Court, on completion of 15 days, the Judge in seisin of the matter shall issue non bailable warrants against appellant/ applicant.

List the appeal on 15.02.2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 16.11.2022 (Grant urgent certified copy of this order, as per Rules.) SKS

 
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