CRLA/319/2018
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                                  CRMA No. 4706 of 2020
                                  In
                                  CRLA No. 319 of 2018
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Basant Singh, Advocate, on behalf of Mr. Harshpal Sekhon, Advocate, for the appellant.

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

The appellant/ applicant is a convict for commission of offence under Section 304-B of the IPC. He has been convicted to undergo 10 years rigorous imprisonment by the judgment dated 19th September, 2018.

The 1st Bail Application was rejected by the Coordinate Bench of this Court on 11th March, 2019. Thereafter, the applicant moved the 2nd Bail Application, which was rejected by the Coordinate Bench on 10th May, 2019, on the ground, that on the date when the 2nd Bail Application was being considered, since the applicant has only served a sentence of 3 years and 2 months, which was less than half of the total sentence, the 2nd Bail Application was rejected.

Consequently, the applicant has preferred the present 3rd Bail Application.

At this stage, when the 3rd Bail Application is being considered, it has been argued by the learned counsel for the applicant, that after the judgment of conviction of 19th September, 2018, the applicant has been languishing in jail ever since 12th March, 2016, and as of now, he has already served a sentence of six years and nine months, as such, the embargo, which was observed in the order dated 10th May, 2019, stands over-ridden with the afflux of time, and particularly, in the context of the period of sentence already served by the applicant.

In that eventuality, and with the changed circumstances, the appellant/applicant is directed to be released on bail subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of Magistrate concerned.

Accordingly, the 3rd Bail Application No. 4706 of 2020, and the Urgency Application No. 10876 of 2023, would stand disposed of.

(Sharad Kumar Sharma, J.) Dated 11.01.2023 Shiv