CRLA/507/2023
2023 Latest Caselaw 2193 UK

                Office Notes,
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                                  CRLA No. 507 of 2023
                                  With
                                  IA No. 1 of 2023
                                  IA No. 2 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Digvijay Singh Bisht, Advocate, for the appellant.

Mr. T.C. Agarwal, Deputy A.G., for the State of Uttarakhand.

This Criminal Appeal, has been referred as against the judgment of conviction dated 20th March, 2023, along with the Delay Condonation Application, whereby, the appellant has sought the condonation of 80 days of delay, which has chanced in filing of the Criminal Appeal.

Having gone through the Delay Condonation Application, and being satisfied with the reasons given therein, the Delay Condonation Application, would stand allowed, and the delay which has chanced in filing the Criminal Appeal would hereby stand condoned.

With the consent of the parties, the Appeal is taken up for hearing at admission stage.

Admit the Criminal Appeal.

Summon the lower court's record. The learned counsel for the appellant presses the Bail Application on the ground, that the judgment of conviction dated 20th March, 2023, suffers from various procedural defects, as there has been a wrongful appreciation of evidence, which has wrongly resulted into the conviction of the present appellant, for the offence under Sections 354 of the IPC and Section 9 (m)/10 of the POCSO Act, whereby, the appellant has been convicted to undergo two years and five years of sentences respectively, for each of the offence.

He submits that the allegation pertaining to Section 354 of the IPC, would not be made out as against the present appellant in the absence of there being any medical report to substantiate the commission of the offence. Hence, the appellant is entitled to be released on bail.

The learned counsel for the appellant submits, that the appellant has served 2 years and 2 months of sentence, out of the total sentence of 5 years, which has been imposed by the Trial Court. He further submits that the appellant is languishing in jail ever since 31.01.2022. He may be released on bail.

In view of the aforesaid reasons, the appellant is directed to be released on bail, subject to the furnishing of his personal bond and two sureties each of the like amount, to the satisfaction of the Court concerned.

The Bail Application stand disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 10.08.2023 Shiv