CRLA/446/2023
2023 Latest Caselaw 1915 UK

Citation : 2023 Latest Caselaw 1915 UK
Judgement Date : 24 July, 2023

Uttarakhand High Court

CRLA/446/2023 on 24 July, 2023

                      Office Notes,
                   reports, orders or
SL.                  proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
No                   directions and
                    Registrar's order
                    with Signatures
      24.07.2023                        CRLA No. 446 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate, for the appellant.

Ms. Mamta Joshi, Brief Holder, for the State.

Admit.

Summon the lower Court records. List this Criminal Appeal as soon as the records of the Court below are received.

As a consequence of the culmination of the proceedings of Special Sessions Trial No. 188 of 2019, State Vs. Naushad and another, the present applicant has been convicted only for the offence under Section 363 of IPC, whereby he has been directed to undergo a sentence of 3 years of rigorous imprisonment and a fine of Rs. 10,000/- has been imposed upon him and in an event of failure to deposit the penalty amount, as it has been imposed upon him, he has been further directed to undergo an additional 3 months of simple imprisonment.

As per the judgment itself, the appellant has been arrested on 05.10.2019 and later on, he has been released on bail only on 01.12.2020. That means, he has already served almost more than 1 year of total sentence, as it has been imposed upon him, coupled with the fact, that the grounds which has been taken in the bail application about the doubt with regard to the involvement of the present applicant in commission of the offence under Section 363 of IPC, for which he has been sentenced, this Court is of the view, that the appellant is entitled to be released on bail.

Accordingly, the Bail Application No. IA/1/2023 would stand allowed.

The applicant is directed to be released on bail, subject to executing his personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of the Court concerned.

However, the release of the appellant would be subject to his depositing 50% of the penalty amount, as it has been imposed upon him by the judgment impugned dated 04.07.2023.

(Sharad Kumar Sharma, J.) 24.07.2023 Mahinder/