Uttarakhand High Court
CRLA/408/2021 on 27 September, 2022
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
CRLA No.408 of 2021
With
CRLA No.411 of 2021
CRLA No.412 of 2021
CRLA No.414 of 2021
CRLA No.415 of 2021
CRLA No.58 of 2022
Hon'ble S.K. Mishra, J.
Hon'ble Alok Kumar Verma, J.
Mr. Lalit Sharma, learned counsel for
the appellant in CRLA Nos. 408 of 2021 and
415 of 2021.
Mr. Raj Kumar Singh, learned counsel
for the appellant in CRLA Nos.411 of 2021,
412 of 2021, 414 of 2021, 415 of 2021 and
58 of 2022.
Mr. J.S. Virk, learned Dy. Advocate
General and Mr. Rakesh Kumar Joshi,
learned Brief Holder for the State.
This is a bunch of applications filed
under Section 389 of the Code of Criminal
Procedure. The appellants, namely,
Chatrpal, Virendra and Bhupendra have
prayed for suspension of sentence and grant
of bail upon appeal. They have been
convicted under Sections 395, 397 and 412
of the Indian Penal Code (hereinafter
referred to as the "Penal Code") by the
learned Ist Additional Sessions Judge,
Kashipur, District Udham Singh Nagar in
Sessions Trial No. 123 of 2011 by judgment
dated 13.10.2021. Under Sections 395 and
397 of the Penal Code, they have been
sentenced to undergo life imprisonment and
also pay a fine of Rs. 50,000/-each and in
default of payment of fine, to further
undergo three years additional simple
imprisonment. Under Section 412 of the
Penal Code, they have been sentenced to
undergo life imprisonment and to pay a fine
of Rs.50,000/- each and in default of
payment of fine, to further undergo three
years additional simple imprisonment. All
the sentences are directed to run
concurrently.
It is brought to our notice that the
appellants, namely, Virendra, Bhupendra
and Chatrpal were on bail during the course
of trial and there is no allegation that they
misused the liberty granted to them in any
manner. Moreover, in this case, the main
witnesses being jewellery shop's owner,
which was allegedly looted and his brother
have not supported the case of the
prosecution.
The learned Additional Sessions Judge
has proceeded to convict the appellant only
on the basis of the result of Test
Identification Parade that was held during
the course of trial.
Some articles were recovered from
these three appellants and were sent for
Test Identification Parade but there is no
identification of such articles in the court
during the course of trial.
In that view of the matter, this Court is
of the opinion that there is statable
probability of appeal being allowed in the
ultimate analysis. Hence, we are inclined to
grant bail to the appellants. The bail
application is allowed. Sentences awarded
by the learned Ist Additional Sessions
Judge, Kashipur, District Udham Singh
Nagar in Sessions Trial No. 123 of 2011 qua
the appellants, namely, Chatrpal, Virendra
and Bhupendra are hereby suspended. They
shall be released on bail, on such suitable
terms and conditions, as the learned Ist
Additional Sessions Judge, Kashipur, District
Udham Singh Nagar, deems fit and proper.
The bail application stands disposed of.
As far as the bail applications of the
other appellants are concerned, the learned
Deputy Advocate General shall take
appropriate instructions regarding their
criminal antecedents/earlier convictions.
The matter be listed on 02.11.2022.
Urgent certified copy of this order be
provided to the learned counsel, as per
Rules.
(Alok Kumar Verma, J.) (S.K. Mishra, J.)
27.09.2022
Neha/SB
