CRJA/55/2022
2022 Latest Caselaw 3199 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                           COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Short Term Bail Application no. 3 of 2022
                                 In
                                 CRJA No. 55 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Priyanshu Gairola, learned counsel holding brief of Shri Akshay Latwal, learned counsel for the appellant - applicant.

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

Heard learned counsel for the parties. Appellant / applicant - Manoj has been convicted by Special Judge, (POSCO), Pauri Garhwal, in Special Sessions Trial No. 04 of 2019 under Section 5 (m) / 6 of the POCSO Act and under Section 376AB IPC vide judgment and order dated 28.05.2022 and sentenced him to undergo rigorous imprisonment for 20 years and to pay fine of Rs. 50,000/- and in default, to further undergo rigorous imprisonment of two years.

This is a short term bail application filed by applicant - Manoj on the ground that marriage of her sister is scheduled to be solemnised on 02.10.2022, however, learned counsel appearing for the appellant / applicant would submit that a typographical error has crept in the application and actually, his brother's marriage is scheduled to be solemnized on 02.10.2022.

We have carefully perused the records. Since there is no time for verification of the marriage, we hereby allow the short term bail application for a period of seven days.

Let appellant / applicant - Manoj be released on short term bail for a period of 07 days, which shall be reckoned from the date of his release from the jail, on such suitable terms and conditions, as the Special Judge, POCSO Act, Pauri Garhwal deems fit and proper.

On completion of 07 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 07 days, the Judge in seisin of the matter shall issue non bailable warrants against appellant/ applicant.

Short term application stands disposed of. List the appeal on 20.12.2022.

Let a certified copy of this order be given to the counsel for the appellant, during the course of the day, on payment of requisite fees, as per Rules.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 28.09.2022

SKS