State vs Unknown
2022 Latest Caselaw 3826 UK

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                                      CRLA No.43 of 2019
                                      With
                                      CRLA No.75 of 2019
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Nalin Saun, Advocate for the appellant. Mr. Tumul K. Nainwal, Brief Holder for the State of Uttarakhand.

The appellant alongwith other co-accused person was tried by the Fast Track Court/Special Judge (POCSO)/Additional District & Session Judge, Dehradun in Session Trial No.79 of 2015 State vs. Diwan Singh & others. One of the co- accused persons Subhash, who has preferred the Criminal Appeal No.43 of 2019 has already been released on bail way back in 2019.

In the present bail application preferred by Mr. Diwan Singh, as per the judgment of conviction dated 30.11.2018 he has been directed to undergo seven years of sentence for commission of offence under Section 370 of IPC and penalty of Rs.10,000/- has been imposed upon him and in an event of failure to deposit the penalty amount he has been directed to undergo further six months rigorous imprisonment. Apart from that he has been sentenced to undergo an imprisonment of six years for the offence under Section 370-A of IPC and a penalty of Rs.5,000/- has been imposed. He has also been sentenced for the offence under Section 372 of IPC and had been directed to undergo seven years of rigorous imprisonment alongwith a fine of Rs.10,000/-. So far as the offence relating to Section 6 of the POCSO Act is concerned, the co- accused Subhash and Diwan Singh i.e. present appellants were directed to undergo ten years of rigorous imprisonment and a fine of Rs.20,000/- each has been imposed upon them and in an event of failure to deposit the amount of penalty, they have been further directed to undergo sentence of six months of rigorous imprisonment. The counsel for the appellant had pressed the bail application from the prospective that the co- accused person i.e. Subhash, who was identically sentenced by the judgment impugned dated 30.11.2018, had already been released by the Coordinate Bench as back as on 13.05.2019, but so far as the appellant Diwan Singh is concerned he further submits, that since he has served the sentence of about more than one and half years with effect from 08.09.2015 to 09.05.2017 apart from the fact ever since rendering of the judgment since he has surrendered and he has served the sentence till date, the total period which he has now approximately served by him is over five and half years out of the total sentence of ten years as imposed upon him. All the sentences as detailed above have been directed to be run concurrently.

In view of the above, that since the appellant- Diwan Singh has already served more than 50% of the sentence imposed upon him by the judgment of conviction dated 30.11.2018, he is directed to be released on bail subject to furnishing of his personal bond and two sureties of like amount to the satisfaction of Sessions Court concerned.

However, his release would be subject to the condition that upon his release he would maintain peace and tranquillity and will not misuse the bail granted to him by indulging in any other criminal offence. Apart from it, he will be released on bail subject to furnishing of 50% of the penalty amount, which has been imposed upon him by the judgment of conviction dated 30.11.2018.

Subject to the compliance of the aforesaid conditions, the Bail Application No.400 of 2019 filed in support to the Criminal Appeal No.75 of 2019, would stand disposed of accordingly.

(Sharad Kumar Sharma, J.) 29.11.2022 Arti