CRLA/717/2019
2022 Latest Caselaw 2930 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

                  SHRI JUSTICE S.K. MISHRA, J.

AND SHRI JUSTICE ALOK KUMAR VERMA, J.

13th SEPTEMBER, 2022

CRIMINAL APPEAL NO. 717 of 2019

Between:

Mahakveer                                               .....Appellant

and


State of Uttarakhand                                .....Respondent



Counsel       for       the :    Mr. R.C. Tamta, learned counsel for
appellant.                      the appellant.


Counsel for the State     :    Mr. J.S. Virk, learned Deputy Advocate
                              General.

Upon hearing the learned Counsel, the Court made the following

Judgment: (per Shri S.K. Mishra, J.)

This is an application, filed by the appellant,

namely, Mahakveer, under Section 389 of the Code of

Criminal Procedure, 1973, (hereinafter referred as "the

Code" for brevity), for suspension of sentence and grant of

bail to the appellant upon appeal. As per the judgment

dated 31.10.2019, passed by the learned Additional

Sessions Judge, Vikas Nagar, District Dehradun in

Sessions Trial No.111 of 2013, whereby, the appellant has

been convicted for the offence under Section 302 read

with Section 34 of the Indian Penal Code, 1860

(hereinafter referred as "the Penal Code" for brevity), and

sentenced to undergo life imprisonment and to pay a fine

of `25,000/-, and, in default of payment of fine, further to

undergo additional imprisonment for one year, he has

been convicted for the offence under Section 394 of the

Penal Code and sentenced to undergo rigorous

imprisonment for a period of ten years and to pay a fine of

Rs.10,000/-, and, in default of payment of fine, further to

undergo additional imprisonment for six months, and, he

has been further convicted for the offence under Section

411 of the Penal Code and sentenced to undergo

imprisonment for a period of three years and to pay a fine

of Rs.5,000/-, and, in default of payment of fine, further to

undergo additional imprisonment for three months. All the

sentences are directed to run concurrently.

2. The appellant-Mahakveer has also filed the

second bail application. His earlier application (CRMA

No.4215 of 2019) was rejected by a Co-ordinate Bench of

this Court on 05.03.2020.

3. It is stated that the evidence against him is

weak, in the sense that only one Pajeb (leg wear) was

seized from him on his pointing out and there is no specific

identification of the same by PW5. However, there is

another weak material appearing as such that the main

accused Nadeem has implicated the petitioner-Mahakveer

as one of the assailants.

4. Keeping in view the gravity of the offence, we

are not inclined to suspend the sentence. The application

filed by the appellant-Mahakveer for suspension of

sentence and grant of bail upon appeal is hereby rejected,

being devoid of merit.

5. Since, the appellant is in custody, and, the

appeal relates to the year 2019, we direct that the matter

be listed on 14.02.2023 for final disposal.

________________ S.K. MISHRA, J.

___________________ ALOK KUMAR VERMA, J.

Dt: 13th September, 2022 Neha/SB