CRLA/564/2022
2023 Latest Caselaw 2439 UK

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                                  CRLA No. 564 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. Pankaj Sharma, learned counsel for the appellants.

(2) Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

(3) This appeal is preferred by appellants against the judgment and order dated 06.07.2021 in Sessions Trial No. 25 of 2015, State vs. Jameel Ahmed & others, passed by learned Sessions Judge, Pithoragarh, whereby appellants have been convicted under Sections 370 (3) & 370 (4) IPC and sentenced to life imprisonment along with fine of ₹25,000/- each, with default stipulation of one year. The appellants have further been convicted under Section 120-B read with Section 109 of IPC and sentenced to ten years rigorous imprisonment along with fine of ₹20,000/- each, with default stipulation of six months. It is provided that all the sentences shall run concurrently.

(4) Heard learned counsel for the

of 2022) moved on behalf of appellants and perused the record.

(5) Learned counsel for the appellants submits that appellants were on bail during trial and they never misused such liberty granted to them by learned trial court. It is further submitted that co- accused have already been granted bail by coordinate Bench of this Court vide order dated 21.04.2022.

(6) So far as merit of the case is concerned, it is submitted that appellants were charged only for the reason that mother of the victim, who was 17½ years old at the time of incident, tried to marry her minor daughter.

(7) Keeping in view the facts and circumstance of the case and without going into the merits of the case, we feel that appellants are entitled to be released on bail.

(8) Accordingly, Bail Application (IA No. 2 of 2022) is allowed. Let the appellants (Bimla Karki & Ganga Devi) be released on bail during pendency of this appeal on their executing a personal bond and furnishing two reliable sureties each of the like amount to the satisfaction of the Court concerned.

(9) List this case for final hearing in usual course along with connected matter.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 23.08.2023

Aswal