CRLA/447/2021
2022 Latest Caselaw 3067 UK

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                               Short Term Bail Appl. No. 8 of 2022
                               In
                               CRLA No.447 of 2021

                               Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Ms. Divya Jain, learned counsel for the applicant/appellant.

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

Heard learned counsel for the parties. This Short Term Bail Application has been filed by the appellant- Rajat under Section 389 of the Code of Criminal Procedure, 1973. He has been convicted for the offence under Section 363 of the Indian Penal Code (hereinafter referred to as the "Penal Code") and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO"), by the learned F.T.C./Special Judge (POCSO)/Additional District & Sessions Judge, Dehradun in Special Sessions Trial No. 45 of 2020 by judgment dated 02.12.2021. Under Section 363 of the Penal Code, he has been sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 5,000/- and he has been further convicted for the offence under Section 4 of the POCSO, he has been sentenced to undergo rigorous imprisonment for a period of twelve years and also to pay a fine of Rs. 20,000/-. All the sentenced are directed to run concurrently.

The short term bail application has been filed on the ground of treatment of cell from the varicose vein.

The learned Deputy Advocate General, on instructions, would submit that in fact the appellant is suffering from the varicose vein and was given some treatment. He was also granted parole by the Jail Authority in the month of June of this year.

In that view of the matter, we are inclined to grant short term bail to the appellant for a period of 30 days.

Let appellant, Rajat be released on short term bail for a period of 30 days to be reckoned from the date of his release, on such terms and conditions as deemed just and proper by the learned F.T.C./Special Judge (POCSO)/Additional District & Sessions Judge, Dehradun. On completion of 30 days, to be reckoned from the date of release, he shall surrender before the learned trial court. On such an event he will be remanded to the custody. If he does not surrender, proper warrant shall be issued against him.

List this matter on 28.02.2023 for final disposal.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 21.09.2022 Neha/SB