CRLA/393/2022
2022 Latest Caselaw 3773 UK

                   Office Notes, reports,
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      23.11.2022
                                            CRLA No. 393 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Harshit Sanwal, Advocate, for the appellant.

Mr. T.C. Aggarwal, Deputy Advocate General, along with Mr. Tumul Nainwal, Brief Holder, for the State.

The applicant, who is languishing in jail is a convict for commission of offence under Section 363, as well as the offence under Section 366A of IPC. For both the sentences, he has been convicted to undergo 3 years of rigorous imprisonment and a fine of Rs. 5,000/ has been imposed, and in an event of default of fine, an additional rigorous imprisonment of 1 month has been directed to be undergone for the offence under Section 363 of IPC. Similarly, for the offence under Section 366A of IPC, in an event of default in remitting the fine amount, an additional sentence of rigorous imprisonment of 6 months has been directed to be imposed upon him.

The argument of the learned counsel for the appellant/applicant is that the applicant was arrested on 19.03.2021, and was not on bail during trial. He submits that after the imposition of sentences by the judgment dated 09.09.2022 and till the date of preference of Appeal dated 16.09.2022, he has already served about more than one and half year of sentence out of the total imposed sentence of three years, which has been directed to run concurrently.

Since the applicant has already served more than 50% of the sentence, he deserves to be released on bail.

Accordingly, the Bail Application (IA/1/2022) would stand allowed.

The applicant is directed to be released on bail, subject to executing of his personal bond and furnishing two sureties, each in the like amount, to the satisfaction of the Magistrate concerned However, it is made clear that whatsoever observation, which has been made by this Court while granting bail to the present applicant, is only tentative in nature, exclusively for the purposes of considering the bail application.

The Registry is directed to prepare the paper book and supply the same to the learned counsels for the parties on payment of usual charges.

Sharad Kumar Sharma, J.) 23.11.2022 Mahinder/