CRLA/276/2020
2022 Latest Caselaw 2802 UK

Citation : 2022 Latest Caselaw 2802 UK
Judgement Date : 6 September, 2022

Uttarakhand High Court

CRLA/276/2020 on 6 September, 2022

               Office Notes, reports,
SL.           orders or proceedings or
      Date                                                   COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures


                                          CRLA No. 151 of 2020
                                          with
                                          CRLA No. 276 of 2020
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Sah, Advocate, for the appellant.

Mr. Atul Kumar Sah, D.A.G. with Ms. Mamta Joshi, Brief Holder, for the State.

These are the two connected criminal

of 2020, which arises out of the Sessions Trial No. 281 of 2011, trying the present appellant for the offence under Section 4/25 of the Arms Act, the appeal has been admitted and the appellant has already been directed to be released on bail by an order of 30.06.2020.

In the connected Criminal Appeal No. 151 of 2020, its emanating from a judgment of conviction dated 07.02.2020, as rendered in Sessions Trial No. 282 of 2011, wherein, he was tried for the offences under Section 307, 324, 326, 504 and 506 IPC, registered at P.S. Rudrapur, District Udham Singh Nagar.

As a consequence of judgment of conviction, the appellant has been sentenced to undergo ten years of simple imprisonment and a fine of Rs. 25000/- has been imposed. It is contended by the appellant, herein, that the appellant has already served almost two years and seven months of sentence, coupled with the fact, that he was already on bail during the course of trial, and thirdly, that he has already been directed to be released on bail in the connected appeal, and that he had never misused the same.

In that eventuality, this Court is of the view that the appellant of Criminal Appeal No. 151 of 2020, may be directed to be released on bail subject to furnishing on his personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Trial Court concerned.

But however, the release of the appellant of Criminal Appeal No. 151 of 2020, would be subject to the condition of depositing the penalty amount, as imposed by the judgment of conviction.

(Sharad Kumar Sharma, J.) 06.09.2022 Nahid