CRLA/58/2023
2023 Latest Caselaw 365 UK

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      09.02.2023                        CRLA No. 58 of 2023

                                        Hon'ble Alok Kumar Verma, J.

The present Appeal has been filed against the judgment dated 24.01.2023, passed by the learned District & Sessions Judge, Haridwar in Special Sessions Trial No. 5 of 2018, "State Vs. Gullu @ Gulsher"", by which, the appellant has been convicted for the offence punishable under Section 323 IPC and has been sentenced to undergo simple imprisonment for a period of three months, along with a fine of Rs. 500/-.

Heard Mr. Rajendra Singh Azad, learned counsel for the appellant through Video Conferencing.

Ms. Manisha Rana Singh, learned A.G.A. with Mr. Balvinder Singh and Mr. Tumul Nainwal, learned Brief Holders for the State.

Admit.

List on 20.05.2023.

Heard on Bail Application (I.A. No. 2 of 2023) Mr. Rajendra Singh Azad, Advocate submitted that there are material contradictions in the statements of the prosecution's witnesses. The appellant was on bail during the trial and he is on interim bail. The learned counsel for the State opposed the Bail Application.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to grant bail to the appellant.

Let the appellant- Gullu @ Gulsher be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the learned Trial Court.

Registry is directed to send a soft copy of this bail order immediately by e-mail to the appellant-prisoner through the concerned Jail Superintendent for necessary action.

Bail Application (I.A. No. 2 of 2023) and Urgency Application (I.A. No. 1 of 2023) stand disposed of accordingly.

                        (Alok Kumar Verma, J.)
                             Vacation Judge
Navin                         09.02.2023