CRLA/65/2017
2023 Latest Caselaw 1239 UK

                Office Notes,
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      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  CRLA No.65 of 2017
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Mohd. Matlub, learned counsel for the appellant.

2. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Pankaj Joshi, learned Brief Holder for the State of Uttarakhand.

3. Heard learned counsel for the parties on the bail application moved on behalf of the appellant/convict.

4. Vide impugned judgment and order dated 28.11.2016, passed by Ist Additional Sessions Judge, Haldwani, appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment.

5. Learned counsel for the appellant contended that there is no direct evidence against the appellant and it is the case of circumstantial evidence and important links in the chain of circumstances are missing. He further contended that prosecution failed to attribute any motive to commit the alleged crime. Learned counsel further submitted that there is every likelihood of the appellant succeeding in the present appeal. It is also submitted that appellant is in jail since 03.03.2015.

6. Learned State counsel opposed the bail application and contended that appellant stand convicted after trial, as sufficient and credible evidence was found against him to hold him guilty of the offence charged.

7. Having heard the rival submissions and considering the facts and circumstances of the case, and without any comment on the final merits of the appeal, we are of the opinion that appellant deserves bail at this stage.

8. Accordingly, Bail Application (I.A. No. 449 of 2023) is allowed. Let the appellant/applicant be released on bail during the pendency of this appeal on executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned.

9. Registry is directed to communicate this order to concerned Jail Authorities forthwith.

(Pankaj Purohit, J.)      (Manoj Kumar Tiwari, J.)
  03.05.2023                    03.05.2023

Shubham