CRLA/422/2022
2022 Latest Caselaw 3354 UK

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                                  CRLA No. 422 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. P.K. Chauhan, Advocate for the applicant-appellant.

Mr. Atul Kumar Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holders for the State.

The appeal has been preferred by the applicant-appellant, who is a convict languishing in jail, as against the judgment of conviction dated 30.05.2022, whereby in the Sessions Trial No. 291 of 2015 "State Vs. Subhash and another", he has been convicted to undergo one year of rigorous imprisonment for the offence under Section 324 of I.P.C. and fine of Rs. 3,000/- has been imposed, and for the offence under Section 323 of I.P.C., he has been sentenced to undergo six months of rigorous imprisonment, and a fine of Rs. 500/- has been imposed upon him.

The applicant-appellant was on bail during trial, which was never misused by him. Since the appeal is accompanied with the delay condonation application, which has been orally opposed by the learned Government Advocate, but after having considered the reasons given in the delay condonation application, coupled with the fact that the delay is quite meagre, which requires to be condoned. Hence, the delay condontion application (IA 1 of 2022), would stand allowed.

Admit the appeal.

Summon the lower court record. With the consent of the learned counsel for the parties, the bail application is being heard, on its own merit.

The applicant-appellant has been sentenced to undergo total one and a half year of rigorous imprisonment for the aforesaid two offences, and it has been observed that he was on bail during trial, and he had never misuse the same, apart from the fact, that he has already served the sentence of four months out of the total one and half year of sentence, in that eventuality, he is directed to be released on bail.

Accordingly, the bail application would stand allowed.

The applicant-appellant is directed to be released on bail, subject to executing his personal bond, and furnishing two sureties, each in the like amount, to the satisfaction of the court concerned, sentence of fine shall remain suspended during the pendency of the criminal appeal.

(Sharad Kumar Sharma, J.) 17.10.2022 Mamta