CRLA/315/2022
2022 Latest Caselaw 2850 UK

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                                  IA No. 1 of 2022
                                  In
                                  CRLA No. 315 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. R.S. Sammal, Advocate, for the appellant.

Mr. T.C. Agarwal, Deputy Advocate General with Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

Mr. Shailabh Pandey, Advocate, for the complainant.

The appellants, herein, are the convict, as a consequence of culmination of Sessions Trial No. 179 of 2019, as decided by the judgement of 1st August, 2022, by the Court of learned Additional District and Sessions Judge, Khatima, District Udham Singh Nagar, whereby, the appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of five years for the offences under Section 304 (II) and a fine of Rs. 5,000/- has been imposed; and for the offence under Section 323 IPC, they have been sentenced for a period of six months rigorous imprisonment and a fine of Rs1,000/- has been imposed; and for the offence under Section 504 IPC, they have been sentenced for a period of six months of simple imprisonment and a fine of Rs.1,000/- has been imposed.

It is contended by the learned counsel for the appellants, that the appellants were on bail during the trial and they continued to remain so on bail till they were convicted by the judgment of 1st August, 2022, and during this period, they have never misused the bail, nor they carry any criminal history.

Exclusively, considering the age of appellant No.1 and the quantum of sentence, which has been imposed upon him, the appellants are directed to be released on bail, subject to furnishing of their personal bond and two sureties each of the like amount, to be submitted by each of the appellant to the satisfaction of the Magistrate concerned.

However, the release of the appellants would be subject to condition of depositing the entire penalty amount respectively imposed upon them against each of the offences, as a condition precedent for their release on bail.

Accordingly, the Bail Application would stand allowed.

(Sharad Kumar Sharma, J.) Dated 08.09.2022 Shiv