Uttarakhand High Court
Inder Singh & Another ... vs State Of Uttarakhand on 1 December, 2023
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
Order reserved on: 30.11.2023
Order delivered on : 01.12.2023
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application (IA No.1/2023)
Suspension of Sentence (IA No.2/2023)
In
Criminal Appeal No.552 of 2023
Inder Singh & another ........Appellants
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Yogesh Kumar Pacholia, learned counsel for the
appellants.
Mr. J.S. Virk, learned Deputy Advocate General for the State.
ORDER
Coram: Hon'ble Manoj Kumar Tiwari, ACJ.
Hon'ble Pankaj Purohit, J.
Per: Hon'ble Pankaj Purohit, J.
Heard on the bail as well as application
seeking suspension of sentence moved on behalf of
appellants.
2. Delay in filing the objection by the State is
condoned. Objection to the bail application is accordingly
taken on record. Application (IA No.4/2023) is
accordingly disposed of.
3. This appeal is preferred by the appellants
assailing the judgment and order dated 10/11.08.2023,
passed by learned Additional Sessions Judge,
Karanprayag, District Chamoli in Sessions Trial No.03 of
2019, State of Uttarakhand vs. Rewat Singh & others,
whereby the appellants have been convicted under
Section 302 read with Section 34 IPC and sentenced to
undergo life imprisonment with fine of Rs.25,000/- each
with default stipulation of additional imprisonment of six
months' each and they have further been convicted under
Section 201 read with Section 34 IPC and sentenced to
undergo seven years' rigorous imprisonment with fine of
Rs.10,000/- each with default stipulation of additional
imprisonment of two months' each. It is further directed
that all the sentences were directed to run concurrently.
4. The applicants/appellants have moved the
aforesaid application for seeking bail and suspension of
the sentence during the pendency of the appeal filed by
them before this Court.
5. Today, the applicants/appellants pressed the
aforesaid applications and pray for release of the
applicants/appellants on bail and to suspend the
sentence during the pendency of the aforesaid criminal
appeal.
6. Learned counsel for the appellants strenuously
argued that there is no evidence against the
applicants/appellants connecting them with the murder
of deceased-Subash, S/o Rewat Singh. He further
submits that no inquest was drawn over the body of the
deceased and no post-mortem was conducted and even
prior to that the body was cremated. Thus, there is no
evidence of homicidal death of the deceased in the
incident which would connect the applicants/appellants
with the aforesaid crime.
7. Per contra, learned State Counsel submits that
in the incident which took place on 10.06.2017, one
Subhash Singh (husband of PW2 Mamta Devi) was
brutally murdered by the applicants/appellants and co-
appellants/accused and the incident was witnessed by
wife of the deceased, who was examined as PW2 during
the trial. He also submits that there is eye witness of the
incident and there is no case made out in favour of the
applicants/appellants to be released on bail or for
suspension of the sentence. No inquest and no post-
mortem also go against the applicants/appellants, as all
of appellants/accused persons and the deceased are close
relatives.
8. According to the wife of deceased (PW2), the
mutilated body of the deceased was found with severe
injuries, with gouged eyes, rope mark around his neck,
both hands and feet were tied with the rope. According to
the wife of deceased (PW2-Mamta Devi) on hearing the
voice of her husband, she forcefully entered into the room
where Rewat Singh, Inder Singh-applicant/appellant
no.1, Ranjuli Devi-mother-in-law of PW2, Trilok Singh
and Surender Singh-applicant/appellant no.2 were
present inside the room. These people dragged PW2 into
another room and latched the door from outside.
9. PW3-Vimla Devi, mother of PW2-Mamta Devi
also saw the dead body of the deceased lying on the
ground in the room with injuries and also the
applicants/appellants present in the said room. PW3 was
also dragged and locked by applicant/appellant-Inder
Singh and co-accused Rewat Singh to the same room,
where PW2 was detained.
10. Having heard the learned counsel for the
parties and having gone through the lower court record
especially the first information report, the evidence of
PW2 and PW3, this Court does not incline to release the
applicants/appellants on bail and to suspend the
sentence imposed by learned trial court.
11. Accordingly, without expressing any opinion on
the final merits of the case, both the aforesaid
applications for bail and suspension of sentence are
hereby rejected. Observations made while passing this
order shall be restricted to disposal of the aforesaid
applications for bail and suspension of sentence.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, ACJ.)
01.12.2023
AK
