CRLA/96/2023
2023 Latest Caselaw 519 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   25TH FEBRUARY, 2023

               CRIMINAL APPEAL NO.96 of 2023


Between:

Shankar Lal                                      .....Appellant

and

State of Uttarakhand                            ...Respondent


Counsel for the Appellant        :    Mr. Kaushal Sah Jagati,
                                      Advocate.
Counsel for the State            :    Mr. T.C. Aggarwal,
                                      Deputy Advocate
                                      General.

Hon'ble Alok Kumar Verma, J.

The present Criminal Appeal has been filed against

the judgment dated 04.02.2023, passed by the learned IInd

Additional Sessions Judge, Udham Singh Nagar in Sessions

Trial No. 229 of 2015, "State Vs. Shankar Lal", by which, the

appellant has been convicted for the offence punishable under

Section 25 of the Arms Act, 1959 and has been sentenced to

undergo rigorous imprisonment for a period of one year along

with a fine of `1,000/-.

2. Heard Mr. Kaushal Sah Jagati, learned counsel for

the appellant and Mr. T.C. Aggarwal, learned Deputy Advocate

General for the State.

3. Appeal is admitted.

4. List this case on 12.06.2023.

5. Heard learned counsel for the parties on the Bail

Application (I.A. No.1 of 2023).

6. Mr. Kaushal Sah Jagati, Advocate, submitted that

there are substantial doubts about the conviction. Appellant

was on bail during the trial and the conditions of the bail were

neither misused nor violated by him, and, he is a permanent

resident of District Udham Singh Nagar.

7. Bail application has not been opposed by learned

counsel for the State.

8. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the appellant,

namely, Shankar Lal provided he submits his personal bond

and two reliable sureties, each in the like amount to the

satisfaction of the court concerned.

9. 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.

___________________ ALOK KUMAR VERMA, J.

Dt: 25.02.2023 Shubham