Uttarakhand High Court
CRLA/303/2022 on 11 October, 2022
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
I.A. No. 1 of 2022
In
CRLA No. 303 of 2022
Shri Sanjaya Kumar Mishra, J.
Shri Alok Kumar Verma, J.
Shri K.T.S. Tulsi, learned Sr. Advocate
assisted by Shri Harshpal Sekhon, learned
counsel for the appellant / applicant.
Shri J. S. Virk, learned Deputy Advocate
General with Shri Rakesh Kumar Joshi, learned
Brief Holder for the State.
This is an application under Section 389 of
the Code of Criminal Procedure, 1973
(hereinafter referred to as "Code" for brevity)
filed by sole appellant / applicant - Richpal for
suspension of sentence and grant of bail upon
appeal.
The appellant has been convicted under
Section 302 of the Indian Penal Code, 1860
(hereinafter referred to as "the Penal Code" for
brevity) by 4th Addl. Sessions Judge, Haridwar in
Sessions Trial No. 208 of 2015 vide judgment and
order dated 28.07.2022 / 29.07.2022 and
sentenced to undergo imprisonment for life and
to pay a fine of Rs. 50,000/- and in default, to
further undergo rigorous imprisonment for 6
months under Section 302 IPC.
Appellant was on bail in the course of trial
and there is no allegation from the side of the
prosecution that she had misused the liberty
granted to her in any manner. It is borne out
from the records that prosecution's case is
entirely based on circumstantial evidence.
After hearing Shri K.T.S. Tulsi, learned Sr.
Advocate, appearing for the appellant, this Court
is of the opinion that the learned 4th Addl.
Sessions Judge based his finding mainly on the
failure of the appellant to explain certain
circumstances. Learned Addl. Sessions Judge has
taken into consideration that PW11 Yorawar
Singh and PW12 Yashvir Singh, who happens to
be sons of the appellant as well as deceased,
have resorted to falsehood in the Court. Such a
circumstance cannot be held to be incriminating
evidence against the appellant.
In that view of the matter and in view of
the fact that appellant is permanent resident of B
- 3, Subhash Nagar, Police Station - Jwalapur,
District Haridwar and there is no reasonable
apprehension of her absconding from the
process of justice, we are inclined to grant bail
upon appeal.
Accordingly, bail application no. 1 of 2022
is allowed, upon appeal. Sentence dated
28.07.2022/29.07.2022 passed by 4th Addl.
Sessions Judge, Haridwar in Sessions Trial No.
208 of 2015 shall remain suspended during the
pendency of this appeal.
Let the appellant / applicant be released on
bail on such suitable terms and conditions, as the
4th Addl. Sessions Judge, Haridwar, may deem fit
and proper in the facts and circumstances of the
case.
List on 09.05.2023.
In the meantime, Registry shall prepare the
paper book and supply the same to the learned
counsel for the parties, as per Rules.
(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.)
11.10.2022
(Grant urgent certified copy of this order, as per Rules.)
SKS
