CRLA/212/2020
2022 Latest Caselaw 3279 UK

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                               Short Term Bail Appl. No. 13389 of 2022
                               In
                               CRLA No.212 of 2020

                               Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. Abhishek Verma, learned counsel for the applicant/appellant.

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

Heard learned counsel for the parties. This Short Term Bail Application has been filed by the appellant no.1- Shalin Sharma under Section 389 of the Code of Criminal Procedure, 1973. He has been convicted for the offence under Sections 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the "Penal Code"), Section 506 Part 2 of the Penal Code and Section 27 of the Arms Act, 1959 (hereinafter referred to as the "Act, 1959") by the learned Additional Sessions Judge, Ramnagar in Sessions Trial No. 189 of 2013 by judgment dated 26.02.2020. Under Section 302 read with Section 34 of the Penal Code, he has been sentenced to undergo rigours life imprisonment and also to pay a fine of Rs. 5,000/- and in default of payment of fine, to further under two months simple imprisonment, under Section 506 Part 2 of the Penal Code, he has been sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 3,000/- and in default of payment of fine, to further undergo one month simple imprisonment and under Section 27 of the Act, 1959, he has been sentenced to undergo rigours imprisonment for a period of four years and also to pay a fine of Rs.2,000/- and in default of payment of fine, to further under one month simple imprisonment. All the sentences are directed to run concurrently.

It is apparent from the record that the short term bail application has been prayed for on the ground of illness of the mother of the appellant no.1. It is stated that the mother of the accused-appellant no.1 is suffering from contracted gallbladder with a stone, dilated CBD, small in size in right kidney and right cortical cyst so that the mother of the appellant no.1 is suffering from serious disease. She has been recommended for surgery.

The learned Deputy Advocate General would also submit that he has received instructions that the mother of the appellant no.1 is suffering from diseases mentioned in the medical report.

Hence, the application for short term bail is allowed.

In that view of the matter, we are inclined to grant short term bail to the appellant no.1 for a period of 45 days.

Let appellant, Shalin Sharma be released on short term bail for a period of 45 days to be reckoned from the date of his release, on such terms and conditions as deemed just and proper by the learned Additional Sessions Judge, Ramnagar. On completion of 45 days, to be reckoned from the date of release, he shall surrender before the learned trial court. On such an event he will be remanded to the custody. If he does not surrender, proper warrant shall be issued against him.

List this matter on 11.04.2023 for final disposal.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 11.10.2022 Neha/SB