CRLA/387/2023
2023 Latest Caselaw 1758 UK

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                                 CRLA No.387 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Shubham Pandey, learned counsel for the appellant/applicant.

Mrs. Mamta Joshi, learned Brief Holder for the State.

The present criminal appeal has been preferred against the judgment of conviction whereby the appellant by the impugned judgment dated 22.05.2023 has been sentenced to undergo two years' rigorous imprisonment along with a fine of ₹10,000/- for his alleged involvement in the commission of offence under Section 411 of the IPC.

During the course of trial, he was arrested on 05.11.2015 and was later released on bail on 03.02.2016. While pressing the bail application, learned counsel for the applicant submits that he was on bail during trial, but he never misused the same, coupled with the fact that his conviction is based upon misappreciation of the evidence, which has been wrongfully read by the Court for the purpose of holding him liable for commission of offence under Section 411 of the IPC.

He further submits that his involvement in the commission of offence itself is doubtful, if the evidences, which have been recorded before the Court below are read in its entirety.

Admit the appeal.

Summon the LCR.

List as soon as the records of the Court below are received.

Owing to the reasons recorded above, the appellant/ 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 Court concerned.

The penalty amount, which has already been deposited by the appellant, will remain intact with the Court concerned.

(Sharad Kumar Sharma, J.) 04.07.2023 Sukhbant