CRLA/188/2023
2023 Latest Caselaw 953 UK

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      10.04.2023                            CRLA No. 188 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Birendra Singh Adhikari, learned counsel for the appellant.

Mr. Tumul K. Nainwal, learned Brief Holder for the State of Uttarakhand.

Heard.

Admit.

Summon the Lower Court Record. List as soon as the Lower Court Record is received.

The appellant has been sentenced for commission of the offences under Section 363 of IPC, as imposed upon him as a consequence

of 2020, "State Vs. Pawan Singh", wherein, by the judgement dated 16/18.03.2023, he has been sentenced to undergo two years of rigorous imprisonment and a fine of Rs.10,000/- has been imposed and in an event of failure to deposit the fine, he has been directed to further undergo three months of additional imprisonment.

During the course of trial, the appellant was arrested on 23.09.2020, and later on was released on bail on 24.03.2021, meaning thereby, he has already served 182 days, during the pendency of the trial.

It is submitted by the learned counsel for the appellant that the offence under Section 363 of IPC, is not made out against the present appellant. Apart from the fact that the judgment rendered by the Special Sessions Court, is not based upon a rightful appreciation of evidence on record, rather a cursory observation has been made, while appreciating the facts and evidences, pertaining to the involvement of the present appellant for commission of offence under Section 363 of IPC.

In view of the above, this Court is inclined to release the appellant on bail, for his alleged involvement in the commission of offence under Section 363 of IPC, subject to the condition that he furnishes his personal bond and two sureties of the like amount to the satisfaction of the Sessions court concerned, however, the release of the appellant would be subject to the condition that he deposits Rs.3,000/- of the total penalty amount, which has been imposed upon him.

(Sharad Kumar Sharma, J.) 10.04.2023 PN/-