CRLA/370/2023
2023 Latest Caselaw 1963 UK

                Office Notes,
             reports, orders or
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      Date                                       COURT'S OR JUDGES'S ORDERS
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                                  IA No. 1 of 2023
                                  In
                                  CRLA No. 370 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Ms. Divya Jain, Advocate, for the applicant/appellant.

Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

The appellant is a convict, as a consequence of the judgment dated 31st May, 2023, as it was rendered in Special Sessions Trial No. 6 of 2020, State Vs. Muslim, whereby, the appellant has been sentenced to undergo three years of simple imprisonment for the offence under Section 363 of the IPC and a fine of Rs.5,000/- has been imposed upon him. Similarly, for the offence under Section 7/8 of the POCSO Act, he has been sentenced to undergo three years of simple imprisonment and a fine of Rs.5,000/- has been imposed.

Initially, the appellant was taken in custody on 17th December, 2019, and it has been argued by the learned Brief Holder for the State, that later on, he was released only on 6th February, 2020.

The Bail Application has been pressed by the learned counsel for the applicant / appellant on the ground, that the appellant was on bail during trial and the offence, which has been complained of against him, in fact, that doesn't stand substantiated based upon the rightful appreciation of evidence, which has been recorded by the learned Trial Court, coupled with the fact, that this Court is of the view, that looking to the quantum of sentence, which the appellant carries, he would be entitled 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.

       However,       the     release         of        the
applicant/appellant would      be   subject        to   the

condition of depositing of the penalty amount, as it has been imposed by the judgment of conviction dated 31st May, 2023.

The Bail Application stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 28.07.2023 Shiv