CRLA/45/2023
2023 Latest Caselaw 331 UK

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                                      CRLA No.45 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Azmeen Sheikh, Advocate for the appellant.

Mr. Lalit Miglani, Brief Holder for the State of Uttarakhand.

The appellant in the present appeal has put a challenge to the judgment of conviction dated 01.12.2022, as it was rendered in Special Sessions Trial No.54 of 2019, State vs. Shahid, wherein he has been convicted for the offence under Sections 11/12 and 7/8 of POCSO Act and as a consequence thereto he has been sentenced to undergo five years of rigorous imprisonment and a fine of Rs.10,000/- has been imposed upon him. It has been further directed, that in an event of non remittance of the penalty amount he has been further directed to undergo six month's of additional imprisonment.

The applicant presses upon the bail application on the ground, that looking to the set of allegations particularly the observations, which has been made by the trial court in the judgment under challenge, no offence as such could be said to have been made out, coupled with the fact that there is no effective appreciation of evidence. He further argues that since the applicant was on bail during the course of trial, coupled with the fact that he has not misused the same, he may be released on bail.

The bail application preferred by the applicant is being vehemently opposed by the Government Advocate on the ground that the observations, which has been made by the court is after recording the evidence of the witnesses, during the course of trial and that, the prima-facie offence has been made by the present applicant for his involvement in commission of the offence under Section 11/12 of the POCSO Act.

On an overall consideration of the fact, the 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 the Magistrate concerned, but however his release on bail would be subject to the condition of depositing the entire penalty amount as it has been imposed upon by the impugned judgment under challenge.

Admit the appeal.

Summon the lower court record.

The Registry is directed to prepare the paper book as soon as the record of the court below is received.

List as soon as the record of the court below is received.

Urgency Appl. No.01 of 2023 as well as the Bail Appl. No.02 of 2023 stand disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 30.01.2023 Arti