CRLA/255/2022
2022 Latest Caselaw 3203 UK

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                               Bail Appl. No. 2 of 2022
                               In
                               CRLA No. 255 of 2022

                               Hon'ble Sanjaya Kumar Mishra, J.

Hon'ble Alok Kumar Verma, J.

Ms. Soniya Chawla, the learned counsel for the appellant.

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

Heard on the bail application.

This is an application, filed under Section 389 of the Code of Criminal Procedure, for suspension of sentence and grant of bail upon appeal to appellant, namely, Sonu Saini, who has been convicted for the offence under Sections 302 and 201 of the Penal Code and sentenced to undergo life imprisonment under Section 302 of Penal Code with default sentence on non-payment of fine of Rs. 10,000/- and four years rigorous imprisonment under Section 201 of the Penal Code and default sentence on non-payment of fine of Rs. 5,000/- by the Court of the learned Additional Session Judge, Ramnagar, District Nainital in S.T. No. 63 of 2019 by virtue of judgment and order dated 08.12.2021.

The learned counsel for the appellant would submit that the entire case of the prosecution is based upon circumstantial evidence and the circumstances in this case has not been fully established to hold that it forms a complete chain of circumstances to prove guilt of the appellant. There is evidence of last seen theory. However, the statement regarding last seen of the appellant with the deceased was with respect to May 2019, whereas the dead body of the deceased was found from another place, not from inside the house, on 16.06.2019. Thus, there is considerable gap between the alleged last seen of the appellant and the deceased together and discovery of the dead body.

The seized digital video recorder was sent for forensic examination but no conclusive opinion could be given as it could not be opened by the scientific officer because of the lack of username and password. The other material object is wire. It has not been connected to the offence. The appellant is the permanent resident of Behind Chorpani Stone Crusher, Ramnagar District Nainital. There is no reasonable apprehension of his absconding from the process of justice.

Thus, we are of the opinion that in the ultimate analysis the Court may come to the conclusion that the prosecution has failed to prove its case beyond reasonable doubt. We are inclined to allow the application for suspension of sentence.

In that view of the matter, the bail application is allowed. The sentence is hereby suspended. The appellant be released on bail on suitable terms and condition as deem just and proper by the Additional Session Judge, Ramnagar, District Nainital, in aforesaid case.

Since, this case is ripe for final hearing, matter be listed on 09.05.2023 for final disposal.

Grant urgent certified copy as per Rules.

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