CRLA/105/2021
2022 Latest Caselaw 3056 UK

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                                  IA No. 2 of 2022
                                  In
                                  CRLA No. 105 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Pawan Mishra, Advocate, for the applicant.

Mr. Atul Kumar Shah, Deputy A.G., with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The present Criminal Appeal arises out of the judgment of conviction dated 11th June, 2018, as rendered by the Special Sessions Judge (POCSO), Uttarkashi, convicting the present appellant for the offences under Section ¾ of the POCSO Act, and sentencing him to undergo ten years of rigorous imprisonment and a fine of Rs.30,000/- has been imposed upon him on culmination of Special Sessions Trial No. 41 of 2017, State Vs. Anju Lal.

As per the Bail Application and even as per the ordersheet, it is contended by the learned counsel for the appellant/applicant, that the applicant is languishing in jail ever since 7th August, 2017, and he has already served his sentences, i.e. almost ½ of the total sentences, as imposed upon him.

Owing to the aforesaid facts, the applicant is directed to be released on bail, subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of Special Judge (POCSO).

However, the release of the applicant on bail would be subject to the condition of depositing of the penalty amount of Rs.20,000/-, out of total penalty amount of Rs.30,000/-, as imposed by the judgement of conviction.

The Bail Application No. 2 of 2021, would stand allowed accordingly.

(Sharad Kumar Sharma, J.) Dated 21.09.2022 Shiv