CRJA/51/2022
2022 Latest Caselaw 3663 UK

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                              Bail Application (IA No.02 of 2022)
                              In
                              CRJA No. 51 of 2022
                              Shri S.K. Mishra, J.

Shri Alok Kumar Verma, J.

Ms. Prabha Naithani, learned counsel for the appellants.

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

This is an application (IA No.2 of 2022), filed under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred as "the Code", for brevity), for suspension of sentence and grant of bail in this appeal.

The appellants have been convicted and sentenced for the offence under Section 302 read with Section 34 of the Indian Penal Code and Section 201 read with Section 34 of the Indian Penal Code by the learned Sessions Judge, Uttarkashi, in Sessions Trial No.14 of 2019, vide judgment and order dated 10.06.2022. They have been sentenced to undergo life imprisonment along with a fine of Rs.10,000/- each under Section 302 read with Section 34 of the Indian Penal Code and they have been further sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.5,000/- each under Section 201 read with Section 34 of the Indian Penal Code with default stipulation. All the sentences are directed to run concurrently.

It is apparent from the record that especially from the statement of eye-witness PW2 Manjuli Devi that there were some disputes regarding sale of a piece of land by the appellants, namely, Sunil and his wife Kavita with the deceased and thereafter there was an altercation ensued, in which the deceased was assaulted by the appellant - Sunil by means of a Lathi and he was also assaulted by the co-accused Kavita by means of a Spade.

We are of the opinion that prima facie, it appears that the incident took place out of a petty quarrel in a sudden heat of passion, the deceased was assaulted by both the appellants - Sunil and Kavita, hence, it is a case of culpable homicide not amounting to the murder.

In that view of the matter, the application of suspension of sentence should be allowed. It is also brought to the notice that the appellants were on bail during the course of trial and there is no allegation from the side of the prosecution that the appellants have misused the liberty granted to them in anyway. Moreover, the appellants are the permanent residents of Village Kaslana, Tehsil Barkot, District Uttarkashi and there is no reasonable apprehension of their absconding from the process of justice.

In that view of the matter, the bail application is allowed. The sentence is hereby suspended. The appellants, namely, Sunil and Kavita be released on bail on suitable terms and conditions as deem just and proper by the learned Sessions Judge, Uttarkashi, in aforesaid case.

List this matter on 21.03.2023 for final disposal. Since, the learned counsel appearing for the appellants in this case is pro bono. Hence, the Registry is directed to send a copy of this order to the concerned Superintendent of the Jail as well as the learned Sessions Judge, Uttarkashi for early compliance.

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

JKJ/Pant