CRLA/29/2018
2022 Latest Caselaw 3105 UK

               Office Notes,
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SL.           or proceedings
      Date                                           COURT'S OR JUDGES'S ORDERS
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                                 Second bail application no. 14172 of 2022
                                 In
                                 CRLA No. 29 of 2018
                                 Shri Sanjaya Kumar Mishra, J.

Shri Ramesh Chandra Khulbe, J.

Shri Ajay Veer Pundir, learned counsel for the appellant - applicant.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

Heard learned counsel for the parties. Appellant / applicant - Kuldeep Kumar has been convicted by the 3rd Additional Session Judge, Dehradun, in Sessions Trial No. 153 of 2013 under Section 302, 201, 177 IPC vide judgment and order dated 05.12.2027/07.12.2017 and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 3,000/- and with default stipulation under Section 302 IPC along with other sentences under different Sections.

This is a second bail application for suspension of sentence and grant of bail, upon appeal. We are not inclined to suspend the sentence and grant bail upon appeal, at this stage.

The material available on record against the appellant is a confessional statement made before the Judicial Magistrate and recovery of dead body. He was given cooling time before recording his confessional statement by the Magistrate and that he was produced before the Magistrate from judicial custody and not from police custody.

Thought we are not inclined to grant the bail to the appellant but after hearing the learned counsel for the appellant, who submits that his mother is ill and he has small children, he needs short term bail, therefore, we are inclined to grant short term bail by modulating the prayer of the appellant from second bail to short term bail. Accordingly, I.A. No. 14172 of 2022 is disposed of.

Let appellant / applicant - Kuldeep Kumar 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 3rd Additional Session Judge, Dehradun deems fit and proper. On completion of 30 days, appellant - applicant shall surrender before the Court, who in turn, shall send him to jail. If appellant - applicant fails to surrender before the Court, on completion of 30 days, the Judge in seisin of the matter shall issue non bailable warrants against appellant/ applicant.

List the appeal on 02.11.2022 for final hearing.

(R. C. Khulbe, J.) (S. K. Mishra, J.) 23.09.2022 SKS