Uttarakhand High Court
CRLA/314/2017 on 20 September, 2022
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or proceedings
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Date or directions COURT'S OR JUDGES'S ORDERS
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and Registrar's
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Bail Appl. No. 686 of 2019
Bail Appl. No. 15738 of 2022
In
CRLA No. 314 of 2017
Hon'ble Sanjaya Kumar Mishra, J.
Hon'ble Alok Kumar Verma, J.
Mr. Arvind Vashistha, the learned Senior
Advocate assisted by Mr. Ajay Joshi, the learned
counsel for appellant-Kuldeep.
Mr. Sajjad Ahmed, the learned counsel for
the appellant-Sanjay.
Mr. J.S. Virk, the learned Dy. Advocate
General with Mr. Rakesh Kumar Joshi, the learned
Brief Holder for the State.
Heard on the bail application.
Both the bail applications have been filed
under Section 389 of the Code for suspension of
sentence and grant of bail upon appeal to
appellants, namely, Kuldeep and Sanjay who have
been convicted for the offences under Sections
302, 307 read with Section 149, 147, 148, 504
and 506 of the Penal Code and sentenced to
undergo life imprisonment under Section 302/149
of Penal Code with default sentence on non-
payment of fine of Rs. 5,000/- each, rigorous
imprisonment for 5 years under Section 307/149
of the Penal Code, with a default sentence on
non-payment of fine of Rs. 1,000/- each, rigorous
imprisonment for 1 year under Section 147 of the
Penal Code, with a default sentence on non-
payment of fine of Rs. 500/- each, rigorous
imprisonment for 2 years under Section 148 of
the Penal Code, with a default sentence on non-
payment of fine of Rs. 500/- each, and rigorous
imprisonment for 1 year under Section 504 and
506 of the Penal Code, with a default sentence on
non-payment of fine of Rs. 500/- each by the
Court of the learned 1st Additional Session Judge,
Roorkee, Haridwar in S.T. No. 31 of 2012 by
virtue of judgment and order dated 12.10.2017.
The application was last rejected by the Co-
ordinate Bench on 13.07.2020.
It is stated at bar that the appellants are in
custody for about 5 years since the date of his
conviction and yet appeal has not been taken for
final disposal at any particular date. It is also
borne out from the record and the submission
made by the learned counsel that no specific role
has been attributed to the appellant, namely,
Sanjay and Kuldeep. The occurrence took place at
8:00 pm and there is certain discrepancy/
contradiction in the evidence of PWs regarding the
source of light, which is stated to be electric bulb
shedding light from the house of Satpal. House of
Satpal is not reflected in the spot map, prepared
by the investigating officer. Moreover, the
appellants were on bail during course of trial.
There is no allegation from the side of the
prosecution that they misused the liberty granted
to them. They are permanent resident of village
Aasfnagar, Police Station Manglor, District
Haridwar. Hence, there is no reasonable
apprehension of their absconding from process of
justice
In that view of the matter, the bail
application is allowed. The sentences are hereby
suspended with respect to the two applicants. The
appellants, namely, Kuldeep and Sanjay be
released on bail on such suitable terms and
condition as deem just and proper by the learned
1st Additional Session Judge, Roorkee, Haridwar,
in aforesaid case.
List on 14.02.2023 for final disposal.
Grant urgent certified copy as per Rules.
(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.)
20.09.2022
PV
