CRLA/261/2015
2022 Latest Caselaw 3028 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                           COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Short term bail application no. 1353 of 2022
                                 In
                                 CRLA No. 261 of 2015
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Ms. Pushpa Joshi, learned Sr. Advocate assisted by Ms. Chetna Latwal, learned counsel for the appellant - applicant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rohit Dhyani, learned Brief Holder for the State.

Heard learned counsel for the parties. Appellant / applicant - Lakhvinder @ Lakhi has been convicted by the Session Judge, Udham Singh Nagar, in Sessions Trial No. 351 of 2013 under Section 302/34, 506 IPC and under Section 25 of the Arms Act vide judgment and order dated 27.05.2015 and sentenced him to undergo imprisonment for life and to pay fine of Rs. 50,000/- and in default to further undergo simple imprisonment of two years under Section 302/34 IPC; undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/- and in default to further undergo simple imprisonment of six month under Section 506 IPC and to undergo rigorous imprisonment for two years and to pay fine of Rs. 5,000/- and in default to further undergo simple imprisonment of six months under Section 25 of the Arms Act.

This is a short term bail application filed by applicant - Lakhvinder @ Lakhi on the ground that his brother and mother are ill. It is also stated by the applicant that one of his brothers is serving in Dubai, not getting leave, as he is working in a private company and one of his brothers is suffering from neck stiffness, therefore, he is also unable to look after his mother, so he may released on short term bail.

It is also stated by learned counsel for the applicant that applicant is in jail for more than ten years and there is no other option except to apply for short term bail for treatment of his mother.

On the other hand, learned Deputy Advocate General for the State would submit that applicant's mother is diagnosed with old age ailments and she is referred to AIIMS, Rishikesh.

In that view of the matter, we are inclined to grant a short term bail of 30 days to the applicant. Accordingly, the short term bail application no. 1353 of 2022 is allowed.

Let appellant / applicant - Lakhvinder Singh @ Lakhi be released on short term bail for a period of 30 days, which shall be reckoned from the date of his release from the jail, on such suitable terms and conditions, as the Session Judge, Udham Singh Nagar deems fit and proper.

List the appeal along with other connected appeals on 18.10.2022 for final hearing.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 20.09.2022 SKS