CRLA/140/2017
2023 Latest Caselaw 1600 UK

                Office Notes,
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                                  CRLA No.140 of 2017
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mrs. Pushpa Joshi, Senior Advocate assisted by Mr. Dhruva Chandra, Advocate for the appellant/applicant.

Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Kumar Joshi, Brief Holder for the State.

2. Heard learned counsel for the applicant on bail application.

3. First Short Term Bail Application No.11466 of 2021 was dismissed as not pressed on 18.10.2021.

4. Applicant has been convicted vide judgment and order dated 11.05.2017 passed by Learned Special Sessions Judge, Bageshwar in Sessions Trial No.14 of 2016 State vs. Lalita Prasad Karnatak & others for the offence punishable under Sections 302, & 506 of IPC and Section 3(1)(R)(s) and under Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. Today, matter is listed on a short term bail application.

6. It is stated by learned Senior Counsel for applicant that applicant's father, Shri Ghanshyam Karnatak, has passed away on 08.06.2023, as such, presence of applicant is

needed for performing last rites of his late father. The said statement is supported by death certificate issued by Pradhan Gram Panchyat, Bheta, Block and District Bageshwar. In the affidavit filed by brother-in- law of the applicant, same statement is made that father of applicant has died on 08.06.2023.

7. Mr. J.S. Virk, learned Deputy Advocate General for State has no objection in case short term bail is granted to applicant.

8. Having regard to the aforesaid and for the reasons stated above, we are inclined to grant short term bail to the applicant for a period of three weeks.

9. Consequently, let the applicant-Lalita Prasad Karnatak be enlarged on short term bail only for a period of three weeks from the date of his release, on his executing a personal bond with two reliable sureties, each of the like amount, to the satisfaction of court concerned.

10. Three weeks shall be counted from the date of his release from jail. Needless to say that, after expiry of three weeks, applicant shall surrender before Superintendent of Jail concerned forthwith.

11. It is further directed that applicant shall report to the concerned police station once in a week.

12. It is made clear that any observation made by this Court is only for the purpose of disposal of bail application. It shall not be taken into consideration at all in any other proceedings.

13. Short term bail application (I.A. No.11467 of 2023) is, accordingly, disposed of.

14. List in due course.

15. Let certified copy of this order be supplied the counsel for applicant today itself on payment of usual charges.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 09.06.2023 Arti