CRLA/74/2023
2023 Latest Caselaw 484 UK

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                                      CRLA No.74 of 2023
                                      With
                                      IA/1/2023 (Appl. For Bail and Suspension of Sentence)
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar Sharma, learned counsel for the appellant/ applicant.

Mr. A.K. Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holder for the State.

Admit the appeal.

Summon the LCR.

By the impugned judgment and order dated 20.01.2023 which has been passed by the learned Child Court/ Special Judge POCSO/Additional District Judge Dehradun as rendered in Session Trial No.120 of 2019(Crime No.170/2019), "State Vs. Deepak Kumar", the present applicant has been convicted for the offence under Section 363 of IPC and, consequent thereto, he has been sentenced to undergo rigorous imprisonment of three years and a fine of Rs.20,000/- has been imposed upon him.

Learned counsel for the applicant presses his bail application, on the ground, that no offence, as such, would stand established to be made out against him to bring the act of the applicant within the ambit of Section 363 of IPC. Apart from the fact that the applicant was on bail during the course of the trial and he has never misused the same. He further submits, that in fact the learned counsel for the State before the trial Court, had wrongfully interpreted the statement under Section 164 Cr.P.C. of the victim.

Accordingly, the bail application would stand allowed.

The applicant is directed to be released on bail, subject to his furnishing a personal bond and two sureties, each of the like amount, to the satisfaction of the Sessions Judge concerned.

List the matter as soon as the lower court record is received.

(Sharad Kumar Sharma, J.) 23.02.2023 Sukhbant