CRLA/449/2019
2022 Latest Caselaw 3175 UK

               Office Notes,
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 Second Bail Application No. 4058 of 2022
                                 In
                                 CRLA No.449 of 2019
                                 Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. T.A. Khan, learned Senior Advocate assisted by Ms. Sadaf, learned counsel holding brief of Mr. Vinay Bhatt, learned counsel for the appellants.

Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rohit Dhyani, learned Brief Holder for the State.

This is the Second Bail Application, filed by the appellants- Rohit Tiwari and Om Prakash Tiwari, under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail upon appeal. He has been convicted and sentenced to undergo imprisonment for life along with a fine of Rs.10,000/- for the offence punishable under Section 302 read with Section 34 of IPC, and, in default of payment of fine, further to undergo additional rigorous imprisonment for three years, vide judgment dated 02.08.2019, passed by learned IInd Additional Sessions Judge, Rishikesh, District Dehradun in Sessions Trial No.130 of 2018 respectively.

The application is filed by Rohit Tiwari, who happens to be the husband of the deceased. Admittedly, the case of the prosecution is based entirely upon the circumstantial evidence. The circumstantial evidence coming in this case is that about six months prior to the incident, the appellant Rohit Tiwari and the deceased solemnized their marriage. None of the witnesses have supported the case of the prosecution. The learned Sessions Judge has come to the conclusion that the prosecution has proved its case beyond reasonable doubt only on the fact that the death of the deceased was because of asphyxia arising out of throttling, and that the appellant took the plea that she has committed suicide. Thus, drawing the presumption under Section 106 of the Indian Evidence Act, 1872, the conviction has been recorded.

We are of the opinion that the circumstances, prima facie, do not unerringly point towards the guilt of the appellant.

Hence, the bail application is allowed. Sentence awarded by the learned IInd Additional Sessions Judge, Rishikesh, District Dehradun in Sessions Trial No.130 of 2018 is hereby suspended. He shall be released on bail, on such suitable terms and conditions, as the learned IInd Additional Sessions Judge, Rishikesh, District Dehradun, deems fit and proper.

The bail application stands disposed of.

The matter be listed on 11.04.2023.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 27.09.2022

Neha/SB