CRLA/12/2023
2023 Latest Caselaw 82 UK

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                                      CRLA No.12 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Saurabh Pandey, Advocate for the appellant.

Mr. Ranjan Ghildiyal, Brief Holder for the State of Uttarakhand.

Heard.

The Sessions Trial No.57 of 2017 State vs. Subhash Chandra, was tried by the court of 3rd Additional District Judge/Sessions Judge, Rudrapur, District Udham Singh Nagar, for the offences under Sections 304 B of IPC and Section 3/4 of Dowry Prohibition Act.

On the culmination of trial by the judgment of 03.12.2022, the applicant has been convicted for the offence under Section 306 of IPC and he has been thereby directed to undergo a sentence of two years and a fine of Rs.25,000/- has been imposed.

It has been argued, that during the course of trial, the applicant was on bail. After his arrest, which was made on 16.10.2016, he was bailed out on 11.01.2017. During the period when he was on bail, he has never misused the same, coupled with the fact that he also argues that no offence under Section 306 of IPC, could have been apparently made out, which has been carved out by the learned trial court while rendering the judgment impugned. In that eventuality, while Admitting the Criminal Appeal, summoning the lower court record, 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 Sessions Court concerned. But however, the release of the applicant would be subject to the condition of depositing of the penalty amount of Rs.25,000/-, which has been imposed upon him.

Bail Appl. No.01 of 2023 stands disposed of.

(Sharad Kumar Sharma, J.) 06.01.2023 Arti