Uttarakhand High Court
CRLA/386/2023 on 16 August, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
CRLA No.386 of 2023
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Mr. Akram Parvez, learned counsel for the
appellant.
2. Mr. J.S. Virk, learned Deputy Advocate
General with Mr. Rakesh Joshi, learned Brief
Holder for the State.
Bail Application (IA No.2 of 2023)
3. This is a criminal appeal filed by Dinesh Das,
challenging the judgment and order dated
01.04.2023, passed by Sessions Judge, Tehri
Garhwal in Sessions Trial No. 15 of 2021, whereby
he was convicted for offence punishable under
Section 302 IPC and was sentenced for life
imprisonment and fine of `10,000/- with default
stipulation of two months additional simple
imprisonment, under Section 201 IPC and was
sentenced for three years rigorous imprisonment
and a fine of `5,000/- with default stipulation of
one month additional simple imprisonment and
under Section 120-B IPC and was sentenced for
fourteen years rigorous imprisonment and a fine of
`10,000/- with default stipulation of two months
simple imprisonment. All sentences were directed
to run concurrently.
4. It is contended by learned counsel for the
appellant that it is a case of circumstantial evidence;
however, the chain of circumstances is not
complete and there is no evidence of 'last seen'
against the appellant. He further submits that no
motive has been imputed to the appellant and as per
prosecution case, one Nitin had illicit relations with
wife of the deceased. However except oral
testimony of P.W.-2, there is no evidence to show
that wife of the deceased was close to Nitin. It is
further submitted that there is no independent
witness to alleged joint recovery of weapon of
assault, shoes, bed-sheet and pillow cover of the
deceased. It is further submitted that co-accused -
Pinky Devi (wife of the deceased) was granted bail
vide order dated 22.05.2023. It is pointed out that
appellant is in jail since 20.03.2021.
5. Learned counsel for the State opposed the
bail application by contending that an iron rod with
sharp edge (on one side) was recovered at pointing
out of the appellant and as per the F.S.L. Report,
the said object was having blood of the deceased.
6. Without expressing any opinion on the final
merits of the case, we are of the considered opinion
that appellant has made out a case for grant of bail.
7. Accordingly, bail application is allowed. Let
the appellant/applicant-Dinesh Das be released on
bail, during pendency of this appeal, on his
executing a personal bond and furnishing two
reliable sureties, each of the like amount to the
satisfaction of the Court concerned.
8. List this case on 18.12.2023 alongwith
connected matters.
9. In the meantime, Registry is directed to
prepare copy of the paper book and supply the same
to learned counsel for the appellant within a week,
on payment of usual charges.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
16.08.2023
SK
