CRLA/231/2022
2022 Latest Caselaw 2928 UK

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                                 CRLA No. 231 of 2022

                                 Hon'ble S.K. Mishra, ACJ.
                                 Hon'ble Alok Kumar Verma, J.

Mr. Lokendra Dobhal, learned counsel for the appellant.

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

Mr. L.K. Tiwari, learned counsel for the informant.

This is the First Bail Application, filed by the appellant- Mohit Bisht alias Rahul under Section 389 of the Code of Criminal Procedure, 1973. He has been convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as the "Code") by the learned Additional District & Sessions Judge, Tehri Garhwal in Sessions Trial No. 07 of 2020 by judgment dated 18.06.2022. Under Section 302 of the Code, he has been sentenced to undergo life imprisonment and also to pay a fine of Rs. 25,000/- and in default of payment of fine, to further undergo four months additional simple imprisonment.

The case of the prosecution, in short, is entirely based on the circumstantial evidence. The circumstances, which have been relied upon by the learned trial Judge in convicting the appellant, are:-

The last seen of the appellant with the deceased;

The recovery of the decomposed skeletonised dead body, which was determine to the death body of the deceased on a DNA profiling of his parents; It is borne out from the record that the dead body of the deceased was found eight days after the alleged last seen of the appellant with the deceased.

Secondly, the learned trial Judge's observation, that the appellant admitted in his statement under Section 313 of the Code that he was last seen with the deceased, is erroneous on the face of record. Moreover, the appellant was on bail during the course of the trial and there is no allegation that he misused the liberty granted to him.

In that view of the matter, and in view of the fact the appellant is a permanent resident of Tehri Garhwal, which precludes reasonable apprehension of him absconding from the process of justice, we are inclined to grant bail to the appellant. The bail application is allowed. Sentence awarded by the learned Additional District & Sessions Judge, Tehri Garhwal in Sessions Trial No. 07 of 2020 is hereby suspended. He shall be released on bail, on such suitable terms and conditions, as the learned Additional District & Sessions Judge, Tehri Garhwal, deems fit and proper.

The bail application stands disposed of. The matter be listed on 11.04.2023 for final disposal.

(Alok Kumar Verma, J.) (S.K. Mishra, ACJ.) 13.09.2022

Neha/SB