CRLA/516/2023
2023 Latest Caselaw 2304 UK

Citation : 2023 Latest Caselaw 2304 UK
Judgement Date : 17 August, 2023

Uttarakhand High Court

CRLA/516/2023 on 17 August, 2023

                   Office Notes,
                reports, orders or
                 proceedings or
Sl. No   Date                                   COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     IA No.01 of 2023 (Bail Application)
                                     With
                                     CRLA No.516 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Dheeraj Joshi, Advocate, for the appellant.

Mr. Atul Kumar Shah, D.A.G., for the State of Uttarakhand.

Admit.

Summon the lower court record. List as soon as the records of the court below are received.

The appellant, herein, is a convict for the commission of the offence under section 12 of the Prevention of Corruption Act, 1988, as it has been rendered by the judgment of the 31.07.2023, in Special Session Trial No.15 of 2015, "State Vs. Anshul Sharma", whereby, as a consequence of the culmination of the trial, he has been directed to undergo, three years of the rigorous imprisonment and a fine of Rs.10,000/- has been imposed upon him.

Learned counsel for the applicant submits that, during the course of the trial, the appellant was arrested on 13.09.2015, and later on was bailed out on 20.10.2015, that means, almost he has served one month and seven days' of the total sentence, as imposed upon him.

There are various contentions, which has been raised by the learned counsel for the applicant in support of the bail application pertaining to the propriety of the trial itself as well as the manner in which the evidence has been appreciated by the learned trial court, wherein, he contends that the allegation of offering the bribe to the police officials, which is the foundation of the proceedings, is absolutely not tenable in the absence of, the same being established beyond doubt.

Owing to the aforesaid circumstances, coupled with the fact that, when he was on bail during the trial, he has never misused the same, he is directed to be released on bail, subject to the furnishing of his personal bond and two sureties of the like amount to the satisfaction of the court concerned.

(Sharad Kumar Sharma, J.) 17.08.2023