CRLA/257/2021
2023 Latest Caselaw 193 UK

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                                      CRLA No.257 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Rajveer Singh, Advocate for the applicant.

Mr. T.C. Aggarwal, Deputy Advocate General, assisted by Mr. Tumul K. Nainwal, Brief Holder for the State of Uttarakhand.

By the judgment of conviction dated 20.07.2021, as it was rendered on the conclusion of the Special Sessions Trial No.112 of 2018 State vs. Gulnar, wherein the applicant has been tried for the offence under Sections 354(A), 506 of IPC, Section 7/8 and 11(iv)/12 of the POCSO Act. He has been directed to undergo a sentence of three years; two years; four years and three years respectively for the aforesaid offences, as chronologically detailed in the impugned order.

Hence, maximum period of sentence, which the applicant is required to be served was four years, out of which it is contended, that approximately one year and eight months have already been served by the present applicant and there is nothing on record to show that there was any adverse conduct of the present applicant which was found during the course, when he was serving his sentence as a consequence of the judgment of conviction dated 20.07.2021.

Since the applicant has already served about one year and eight months of sentence out of total four years, he 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 the Magistrate concerned.

However, it is clarified that the release of the applicant would be subject to deposit of the penalty amount as it has been imposed in relation to each of the sentences for which he has been convicted. Subject to the aforesaid, the Bail Application No.01 of 2021 stands disposed of.

List this criminal appeal under the head of hearing in the week commencing 06.03.2023.

(Sharad Kumar Sharma, J.) 11.01.2023 Arti