CRJA/64/2022
2023 Latest Caselaw 1776 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                             COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Bail Application No. 2 of 2022
                                 In
                                 CRJA No. 64 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Siddhartha Bankoti, Advocate for the appellant/applicant.

(2) Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Kumar Joshi, Brief Holder for the State of Uttarakhand.

(3) The appellant/applicant has been convicted vide judgment and order dated 28.02.2020 passed by Ist Additional Sessions Judge, Udham Singh Nagar in Sessions Trial No. 210 of 2013 under Section 302 I.P.C. and sentenced to rigorous imprisonment for life with fine of ` 40,000/- and, in default of payment of fine, he was sentenced to undergo one year additional simple imprisonment. He has also been convicted under Section 342 I.P.C. and has been directed to undergo one year imprisonment with fine of ` 1,000/- and, in default of payment of fine, he was sentenced to undergo 15 days' additional simple imprisonment. He has further been convicted under Section 394 I.P.C. and has been directed to undergo ten years rigorous imprisonment with fine of ` 10,000/- and, in default of payment of fine, he was sentenced to undergo three months additional simple imprisonment. Applicant has also been convicted under Section 411 I.P.C. and has been directed to undergo three years imprisonment with fine of ` 5,000/- and, in default of payment of fine, he was sentenced to undergo one month's additional simple imprisonment. He has further been convicted under Section 452 I.P.C. and has been directed to undergo three years imprisonment with fine of ` 5,000/- and, in default of payment of fine, he was sentenced to undergo one month's additional simple imprisonment. It was directed that all the sentences shall run concurrently.

(4) Learned counsel for the appellant/ applicant submits that applicant has falsely been implicated in the instant crime and is languishing in jail since 03.04.2013. He submits that there is no direct evidence against the applicant.

(5) Per contra, learned State Counsel submits that it is a case of loot with murder and the applicant is named in the FIR. He further submits that the conviction is based on deposition of eye witness. He further submits that the crime committed by appellant is very serious, as he entered into the house of Mr. Bakhtawar Singh for the purpose of loot, and committed murder of Jyoti Kaur. He further submits that the bail application moved by co-

of 2020) has also been rejected by coordinate Bench of this Court.

(6) Having regard to the aforesaid facts and also the material on record, we are not inclined to grant bail to the applicant at this stage.

(7) Accordingly, the bail application is rejected.

(8) Registry is directed to prepare paper book and supplied it to learned counsel for the appellant, within six weeks.

(9) List the appeal on 21.09.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 05.07.2023 Navin