CRLA/83/2022
2022 Latest Caselaw 3184 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  IA No. 1 of 2022
                                  In
                                  CRLA No. 83 of 2022
                                  With
                                  IA No. 1 of 2022
                                  In
                                  CRLA No. 103 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Raj Kumar Singh, Advocate, for the appellant.

Mr. T.C. Agarwal, Deputy A.G., with Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

In Sessions Trial No. 175 of 2019, State Vs. Jaswant Singh @ Jassi, the appellant has been convicted for commission of the offence under Sections 392 to be read with Section 34 and Section 307 to be read with Section 34 of the IPC, whereas, he has been exonerated from the offence under Sections 411 to be read with Section 34 of the IPC in the Sessions Trial No.175 of 2019, which stood concluded by the judgment of 9th March, 2022.

In a connected Sessions Trial which was emanating from the same FIR, in relation to the offences under 3/25 of the Arms Act, he has been convicted to undergo a sentence of one year of simple imprisonment and a fine of Rs.2,000/- has been imposed upon him. All the sentences have been directed to run concurrently.

It has been argued by the learned counsel appellant that the basis of the judgment is by basing the same on a wrongful appreciation of evidence, which was adduced before the Trial Court and the findings, which has been recorded therein, are in fact based on upon the mis-appreciation of the evidence.

Apart from the fact that, he has submitted that he was already on bail, during trial and that he had never misused the same.

As per the records of the present Appeals, it shows that the appellant has already served the sentence of about 227 days, during the pendency of the trial, after having been arrested on 6th May, 2019. He was released only on 19th December, 2019, and after his released till culmination of the trial on 7th March, 2022, he never misused the same.

Owing to the aforesaid grounds, this Court is inclined to release the appellant on bail in relation to the offences under Sections 393/34 and 307/34 of the IPC, so far it relates to the Sessions Trial No. 175 of 2019, and also for the offence under Section 3/25 of the Arms Act, so far it relates to the Sessions Trial No. 176 of 2019. But, however, the release of the appellant will be subject to the following conditions:-

i. That he will furnish his personal bond. ii. That he will furnish two sureties of the like amount to the satisfaction of the Sessions Court concerned.

iii. He further undertakes that on being released on bail, he will maintain peace and tranquillity, and will not jump the bail.

iv. That the release of the appellant, for his alleged, judgment of conviction under challenge in the Criminal Appeals, would be subject to the condition of depositing the penalty amount, as against the each offence, for which, the conviction order has been passed.

v. The deposit of the amount would be a pre-

condition of the release of the appellant on bail.

Subject to the aforesaid, the Bail Applications filed in the respective Criminal Appeals, along with the objection filed by the Government Advocate, would stand disposed of.

(Sharad Kumar Sharma, J.) Dated 27.09.2022 Shiv