CRLA/447/2023
2023 Latest Caselaw 1875 UK

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                                 CRLA No.447 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. R.S. Rawat, learned counsel for the appellants/ applicants.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Admit.

Summon the LCR.

The counsel for the appellants/applicants, has pressed the bail application as against the judgment of conviction dated 12.06.2023 whereby the trial which was conducted for various offences, for example, that of 307/34, 504 and 506 of the IPC.

Ultimately, upon the culmination of the trial, the appellants have been sentenced and directed to undergo five years of rigorous imprisonment for the offence under Section 325 of the IPC.

The appellants were on bail during the course of trial and they have never misused the same.

It has been argued by the learned counsel for the appellants, that the involvement of the present applicants in the commission of offence is actually preposterous and, based upon non- sustainable evidence, which was taken as to be the basis for convicting them under Section 325 of the IPC, coupled with the fact, that he submits that, if the entire judgment is taken into consideration, it does not satisfy the basic ingredients required to be considered for offence under Section 325 of the IPC for commission of offence and, hence, on that ground, he seeks the bail.

Considering the fact that the applicants were on bail during the course of trial and they have never misused the same, coupled with the fact that, they have been sentenced and directed to undergo five years' rigorous imprisonment for the commission of offence under Section 325 of the IPC, the applicants are directed to be released on bail, subject to furnishing of their personal bonds and two sureties by each one of them in the like amount to the satisfaction of the Court concerned.

However, release of the appellants on bail would be subject to the condition of depositing of the penalty amount by each of them, as it has been imposed by the impugned judgment.

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

(Sharad Kumar Sharma, J.) 20.07.2023 Sukhbant