Sahajaad And Another ... vs State Of Uttarakhand
2023 Latest Caselaw 2522 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

            Criminal Appeal No. 298 of 2004
                           With
       Third Bail Application (IA) No.3545 of 2023

Sahajaad and another                           ........Appellants

                              Versus

State of Uttarakhand                           ........Respondent


Present:-
            Mr. Bilal Ahmed, Advocate and Mr. Bharat Singh,
            Advocate (Amicu Curiae) for the appellants.
            Mr. Amit Bhatt, Deputy Advocate General for the State.



Hon'ble Ravindra Maithani, J. (Oral)

The instant appeal is preferred against the judgment

and order dated 24.09.2004, passed in Sessions Trial No.334

of 1997, State vs. Sahajaad and others and Sessions Trial

No.335 of 1997, State vs. Sahajaad, by the court of Additional

Sessions Judge/III F.T.C., Haridwar ("the case"). By it, the

appellant Sahajaad has been convicted and sentenced under

Sections 307/34, 452, 506 IPC in Sessions Trial No.334 of

1997 and under Sections 25 of the Arms Act, 1959 in

Sessions Trial No.335 of 1997.

2. Heard learned counsel for the parties and perused

the record.

3. In the criminal appeal, the appellant disappeared;

he was arrested. His bail application was rejected on

28.07.2022. Now, fresh bail application has been filed. The

criminal appeal is pending for more than a year after

rejection of the bail application.

4. Having considered, this Court is of the view that

bail application of the appellant Sahajaad deserves to be

allowed.

5. The bail application is allowed.

6. The operation and execution of sentence, appealed

against, shall remain suspended qua appellant Sahajaad

during pendency of this appeal. Let the appellant Sahajaad

be released on bail, on his executing a personal bond and

furnishing two reliable sureties, each of the like amount, to

the satisfaction of the court concerned.

7. List for hearing on 18.10.2023.

(Ravindra Maithani, J.) 25.08.2023 Sanjay