Uttarakhand High Court
CRLA/399/2022 on 4 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE SRI JUSTICE SANJAYA KUMAR MISHRA
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
4th JANUARY, 2023
Bail Application No. 1 of 2022
In
Criminal Appeal No. 401 of 2022
Between:
Indramohan Singh Khadiyat ..........Appellant
and
State of Uttarakhand ......Respondent
With
Bail Application No. 1 of 2022
In
Criminal Appeal No. 399 of 2022
Between:
Virendra Singh Thakur Alias Babloo ..........Appellant
and
State of Uttarakhand ......Respondent
Bail Application No. 1 of 2022
In
Criminal Appeal No. 402 of 2022
Between:
Praveen Chandra ..........Appellant
and
State of Uttarakhand ......Respondent
Mr. R.S. Sammal and Ms. Sarita Bisht, learned counsel for the appellants.
Mr. J.S. Virk, learned Deputy Advocate General for the State.
Upon hearing the learned counsel for the parties, this
Court made the following judgment:-
(Per: Sri SANJAYA KUMAR MISHRA, J.)
Miscellaneous application for acceptance of the objection,
filed by the State, is allowed.
2. The objections are taken on record.
3. Heard on bail applications.
4. Three applications filed under Section 389 of the Code of
Criminal Procedure, 1973, for suspension of sentence and grant of
bail upon appeal. The appellants - Indramohan Singh Khadiyat,
Virendra Singh Thakur @ Babloo and Praveen Chandra
have been convicted for the offences under Sections 302 read with
Section 34 and Section 201 of the Indian Penal Code, 1860, and the
maximum sentence has been awarded for the offence under Section
302 read with Section 34 of life imprisonment by the learned IInd
Additional Sessions Judge, Rudrapur, Udham Singh Nagar in
Sessions Trial No. 103 of 2013, arising out of Case Crime No. 252 of
2012.
5. The appellants were on bail during the course of the trial
and there is no allegation from the side of the prosecution that they
have misused the liberty granted to them.
6. We have carefully examined the judgment and especially
paragraph no. 141 of the said judgment, in which, the learned IInd
Additional Sessions Judge has narrated nine different circumstances,
on which, he has relied upon to come to the conclusion that the
prosecution has proved its case beyond reasonable doubt. However,
it is apparent from the aforesaid circumstances that most of the
circumstances are not admissible. Moreover, the dead-body of the
deceased has not been positively identified. The DNA profiling is
done and compared with the DNA profiling of the parents of Rohit.
Profiles did not match. Moreover, there is no evidence on record to
show that death of the deceased was homicidal in nature.
7. In that view of the matter, this Court is of the opinion that
this is a fit case for bail. Hence, we are inclined to allow the bail
application and the bail application is hereby allowed. Sentence is
hereby suspended. The appellants - Indramohan Singh Khadiyat,
Virendra Singh Thakur @ Babloo and Praveen Chandra be released
on bail on suitable terms and conditions as deemed just fit and
proper by the learned IInd Additional Sessions Judge, Rudrapur,
Udham Singh Nagar, in aforesaid case.
8. The matter be listed on 03.05.2023 for final disposal.
9. Grant urgent certified copy of this order as per Rules.
(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.)
04.01.2023
SK/SB
