CRJA/3/2021
2023 Latest Caselaw 599 UK

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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                  IA No. 1 of 2023
                                  In
                                  CRJA No. 3 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Manoj Joshi, Advocate, for the applicant. Mr. T.C. Agarwal, Deputy A.G., with Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

Admit the Appeal.

The learned counsel for the appellant/applicant presses the Bail Application No.1 of 2023, on the ground, that the prosecution story with regard to the set of allegations levelled as against the present appellant/applicant are not made out, and rather a concocted story has been built up by complainant against the present appellant/applicant. He further submits, that by virtue of the impugned judgment dated 28th November, 2020, he has been sentenced to undergo five years of rigorous imprisonment and a fine of Rs.20,000/- has been imposed upon him for his alleged involvement in the commission of the offence under Sections 354, 354-A of the IPC and Section 7/8 of the POCSO Act.

Learned counsel for the appellant/applicant argues, that the applicant would be entitled for extension of benefit under Section 436-A of the Cr.P.C., for the reason being, that out of the total sentence as imposed upon him, he has already served 3 years 8 months and 9 days of sentence.

Considering the aforesaid fact, the appellant/applicant is directed to be released on bail, subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of Sessions Court concerned.

The Bail Application No. 1 of 2023, would stand disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 13.03.2023 Shiv