CRJA/2/2020
2023 Latest Caselaw 1828 UK

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                                   CRJA No. 2 of 2020
                                  Hon'ble Sharad Kumar Sharma, J.

Ms. Divya Jain, Advocate, for the appellant. Mr. T.C. Agarwal, Deputy A.G., for the State of Uttarakhand.

This Criminal Jail Appeal has been preferred by the appellant as against the judgment of conviction, whereby the appellant has been convicted to undergo 10 years of rigorous imprisonment and a fine of Rs. 5,000/-, has been imposed upon him for the offence under Section 4 of the POCSO Act.

The appellant, was bailed out by an order dated 6thDecember, 2022, but owing to the fact, that he is the resident of Nepal, he was unable to procure local surety to seek his release, he was not bailed out.

Learned counsel for the appellant submits that, out of the total sentence of 10 years, he has already served about 5 years and 11 months of sentence.

In that eventuality, after granting the bail by an order dated 6th December, 2022, the accused/convict cannot be permitted to languish in jail for all times to come.

Hence, the bail order dated 6th December, 2022, would be executed on the basis of the personal bond to be submitted by the appellant.

However, he would deposit the entire penalty amount of Rs. 5,000/- as imposed by the judgement of conviction.

Today's order would be in continuation to the order passed by this Court on 6thDecember, 2022.

(Sharad Kumar Sharma, J.) Dated 13.07.2023 Shiv