CRLA/349/2022
2023 Latest Caselaw 143 UK

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                                  IA No. 3 of 2023
                                  In
                                  CRLA No. 349 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Anand Kumar Pandey, Advocate, for the applicant/appellant.

Mr. T.C. Agarwal, Deputy A.G., with Mr. Tumul Nainwal, Brief Holder, for the State of Uttarakhand.

The appellant in this Criminal Appeal has been convicted by the impugned judgment of 3rd August, 2022, as rendered in Sessions Trial No. 160 of 2011, whereby the learned Sessions Court, had convicted him for the following offences :-

i. For the offence under Section 307 of the IPC, he has been sentenced to undergo four years' of rigorous imprisonment and a fine of Rs.2,000/- has been imposed.

ii. For the offence under Section 24 of the Arms Act, he has been sentenced to undergo one year of rigorous imprisonment and a fine of Rs.1,000/- has been imposed.

iii. For the offence under Section 60 of the Excise Act, six months' imprisonment has been imposed, along with a fine of Rs.5,000/-.

iv. For the offence under Section 177 of the Motor Vehicles Act, he has been penalized with a penalty of Rs. 300/-. v. For the offence under Section 181 of the Motor Vehicle Act, he has been penalized with the penalty of Rs. 500/-. vi. For the offence under Section 192 of the Motor Vehicle Act, he has been penalized for a sum of Rs.2,000/-.

When this Criminal Appeal was considered, since the offences pertaining to the Motor Vehicle Act, were only imposing the penalty, the appellant was directed to be released on bail by an order dated 21st December, 2022.

The learned counsel for the appellant/applicant has sought clarification of the said order dated 1.12.2022, to the effect, that the offence, for which, penalty has been imposed, pertaining to the provisions contained under the Motor Vehicle Act, that may be inserted in the order of 21st December, 2022. Though, no formal insertion is required, because it is only a penalty, which has been imposed, and no sentence for the aforesaid offence, under the Motor Vehicle Act, has been imposed upon the appellant, because if at all any release was to be made of the present applicant/appellant, it would be qua the order, for which, the sentencing order has been passed, as against the present applicant/appellant, for the offence under Sections 307 of the IPC, 25 of the Arms Act and Section 60 of the Excise Act.

In that eventuality, the bail order already granted by this Court would be read only in relation to the offence, for which, he has been sentenced to undergo imprisonment. No clarification as such is required for the purposes of introduction of the offence under Sections 177, 181 and 192 of the Motor Vehicle Act, where the penalty has been imposed only.

In view of the aforesaid, the formal clarification is not at all required in the order, except for the offences, for which, the bail has already been granted.

(Sharad Kumar Sharma, J.) Dated 10.01.2023 Shiv