CRLA/207/2022
2022 Latest Caselaw 2953 UK

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                                 CRLA No.207 of 2022
                                 With
                                 CRLA No.211 of 2022
                                 Hon'ble S.K. Mishra, ACJ.
                                 Hon'ble Alok Kumar Verma, J.

Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mrs. Chetna Latwal, learned counsel for the appellant.

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

These are two applications, filed by the appellants- Lalta Prasad alias Lalit Gnagwar and Smt. Sheela under Section 389 of the Code of Criminal Procedure, 1973 for grant of bail and suspension of sentence. They have been convicted for the offence under Sections 302 read with Section 34 and 201 of the Indian Penal Code (hereinafter referred to as the "Penal Code") by the learned Sessions Judge, Nainital in Sessions Trial No. 57 of 2014 by judgment dated 07.06.2022. The appellants have been convicted for the offence under Section 302 read with Section 34 of the Penal Code and sentenced to undergo life imprisonment and to pay a fine of `1,00,000/-, and, in default of payment of fine, further to undergo additional imprisonment for one year, they have been convicted for the offence under Section 201 of the Penal Code and sentenced to undergo simple imprisonment for a period of seven years and to pay a fine of Rs.50,000/-, and, in default of payment of fine further to undergo additional imprisonment for Six. All the sentences were directed to run concurrently.

It is apparent from the record that the prosecution is based entirely upon the circumstantial evidence. However, at this stage, we are not inclined to come to the conclusion, having a discussion on the evidences led by the prosecution in detail. Suffice it to say that there is enough material at the stage to prima facie satisfy us about the lack of probability of the appeal being allowed.

Moreover, it is a very bruises murder, involving a lady and her son, has conferred in this case. Keeping in view of aforesaid conversation, we are not inclined to suspend the sentence and grant the bail upon appeal.

The matter be listed on 22.11.2022 in the weekly list for final disposal.

(Alok Kumar Verma, J.) (S.K. Mishra, ACJ.) 14.09.2022

Neha/SB