CRLA/502/2023
2023 Latest Caselaw 2135 UK

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                                 CRLA No.502 of 2023
                                 With
                                 IA/1/2023 (Application for Bail)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Devang Dobhal, learned counsel for the appellant/ applicant.

Mr. A.K. Sah, learned Deputy Advocate General for the State.

Admit.

Summon the LCR.

The applicant has been convicted by the judgment of 28.07.2023, as it was passed by the Court of Additional Sessions Judge, Vikasnagar in Sessions Trial No.14 of 2017, "State Vs. Jalam Singh", whereby he has been sentenced to undergo 3 years and six months of rigorous imprisonment for the offence under Section 307 of the IPC and to pay a fine of Rs.5,000/- and 2 years of rigorous imprisonment for the offence under Section 324 of the IPC and to pay a fine of Rs.1,000/-.

Learned counsel for the applicant presses the bail application, on the ground, that the prosecution's story, as referred to in the impugned judgment with regards to the alleged involvement of the present applicant in commission of offence under Section 307 of the IPC, cannot be made, on a bare and a better reading of the evidence, which has been placed on record, because he submits that no, prima facie, offence is made out against him, coupled with the fact that the judgment is based upon the misreading of the evidence and the statements of the witnesses, which was recorded before the Court below. Learned counsel for the applicant further submits that he does not carry a criminal history except, the instant case which has chanced in the rage of emotions, apart from it, he submits that he was on bail during the course of trial and he has never misused the same.

Owing to the aforesaid facts, the applicant is directed to be released on bail on furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Court concerned, subject to deposition of the fine amount in relation to both the offences, as imposed by the judgment of conviction.

(Sharad Kumar Sharma, J.) 08.08.2023 Sukhbant