CRLA/125/2021
2022 Latest Caselaw 3854 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Second Bail Application No. 03 of 2022
                                 In
                                 CRLA No. 125 of 2021
                                 With
                                 CRJA No. 4 of 2022
                                 Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. Rajeev Sharma, learned counsel for the appellant in CRLA No.125 of 2021.

Mr. Muhammad Matlub, learned counsel for the appellant in CRJA No.4 of 2022.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. R.K. Joshi, learned Brief Holder for the State.

This is an application, filed by the appellant - Kavita, under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for brevity) for suspension of sentence and grant of bail upon appeal. As per the judgment dated 09.03.2021, passed by the learned Vth Additional Sessions Judge, Haridwar in Sessions Trial No.62 of 2013, she has been convicted and sentenced to undergo life imprisonment along with a fine of Rs.20,000/- for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the Penal Code), and, in default of payment of fine, further to undergo rigorous imprisonment for a period of six months, and, she has been further convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.5,000/- for the offence punishable under Section 328 read with Section 34 of the Penal Code, and, in default of payment of fine, further to undergo rigorous imprisonment for a period of three months.

The appellant's earlier bail application was rejected by a Co-ordinate Bench of this Court, in which, one of us, Hon'ble Alok Kumar Verma, J., was a Member. The order of rejection was passed on 05.10.2021. In the meantime, more than a year has been lapsed. Hence, we are inclined to entertain the present successive application.

Admittedly, there is no incriminating material against the appellant. Secondly, the learned Trial Judge has convicted the appellant only on the ground that she gave a false explanation and there is no proper explanation of the death of the deceased by smothering. The appellant was on bail during the course of trial and there is no allegation on the side of the prosecution that the appellant misused the liberty granted to her in any manner. Moreover, the appellant is a permanent resident of District Haridwar, which precludes reasonable apprehension of her absconding from the process of justice.

In that view of the matter, we are inclined to allow the second bail application. Hence, the second bail application is allowed. Sentence awarded by the learned Vth Additional Sessions Judge, Haridwar in Sessions Trial No.62 of 2013, to the appellant- Kavita is hereby suspended and she is granted bail upon appeal. She shall be released on bail, on such suitable terms and conditions, as the learned Vth Additional Sessions Judge, Haridwar, deems fit and proper.

The matter be listed on 23.05.2022 along with connected matter.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 30.11.2022

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