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CRLA/477/2019
2023 Latest Caselaw 40 UK

Citation : 2023 Latest Caselaw 40 UK
Judgement Date : 4 January, 2023

Uttarakhand High Court
CRLA/477/2019 on 4 January, 2023
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 CRJA No. 66 of 2019
                                 CRLA No. 477 of 2019
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Mohd. Safdar, learned Amicus Curiae, for the appellants.

Shri Amit Bhatt, learned Deputy Advocate General with Shri Rakesh Kumar Joshi, learned Brief Holder for the State.

These are two separate bail applications filed by appellants - Islam and Waweem @ Kala, under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail upon appeal. Appellants have been convicted under Section 302/34, 307, 323, 324/34 IPC and sentenced to undergo imprisonment for life under Section 302 IPC along with different sentences under aforesaid different sections vide judgment dated 21.08.2019 passed by learned 1st Addl. Sessions Judge, Roorkee, District Haridwar in Sessions Trial No. 4 of 2016.

There are eye witnesses to the occurrence. Two of the injured have and medical evidence have supported the prosecution case.

In that view of the matter, we are not inclined to enlarge the appellants on bail, upon appeal. Accordingly, both the bail applications no. 1 of 2021 and 1 of 2022 are rejected.

List these appeals on 18.07.2023.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 04.01.2023 (Grant urgent certified copy of this order, as per Rules.) SKS

 
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