CRLA/533/2019
2022 Latest Caselaw 3648 UK

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      Date                                          COURT'S OR JUDGES'S ORDERS
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                                 I.A. No. 5007 of 2022
                                 In
                                 CRLA No. 533 of 2019
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri S.K. Shandilya, learned counsel for the appellant / applicant.

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

This is Second Bail Application, filed by the appellant - Najim under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail upon appeal. He has been convicted and sentenced to undergo imprisonment for life along with a fine of Rs.40,000/- for the offence punishable under Section 302 read with Section 120B of IPC; he has further been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs.10,000/- for the offence punishable under Section 364 read with Section 120B of IPC and he has been further convicted and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 1500/- for the offence punishable under Section 201 of IPC, vide judgment dated 17/22.08.2019 passed by learned IInd Additional District and Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.60 of 2014. All the sentences are directed to run concurrently.

First bail application was dismissed by the Coordinate Bench of the Court vide order dated 13.03.2020.

In the meantime, more than two and a half years have elapsed but case could not be listed for final disposal. Hence, we are inclined to hear the successive bail application.

Case of the prosecution is based on the circumstantial evidence. Last seen of deceased moving in a car with the accused persons was the main evidence, on which the prosecution has relied upon. The fact that two witnesses - PW2 Ravindra Kumar and PW3 Vipin Bhardwaj, who had stated about the last seen, have been examined by the police after one and a half month of the incident. Co-accused namely Rohit and Dharmesh have already been enlarged on bail vide orders dated 28.07.2022 and 27.09.2022 passed in Criminal Appeal Nos. 466 and 447 of 2019, respectively.

Appellant - Najim is a permanent resident of District Haridwar, which precludes reasonable apprehension of him absconding from the process of justice.

In that view of the matter, we are inclined to grant bail to the appellant. The second bail application is allowed. Sentence awarded by the learned IInd Additional District and Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.60 of 2014 is hereby suspended. Appellant Najim shall be released on bail, on such suitable terms and conditions, as the learned IInd Additional District and Sessions Judge, Roorkee, District Haridwar, deems fit and proper. The Second Bail Application no. 5007 of 2022 stands disposed of.

The matter be tagged with CRLA No.466 of 2019.

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