CRLA/515/2022
2023 Latest Caselaw 1261 UK

               Office Notes,
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SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 CRLA No. 515 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Ms. Pushpa Joshi, learned Senior Counsel assisted by Ms. Chetna Latwal, Advocate for the appellant.

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

(3) This appeal has been preferred against the judgment & order dated 30.11.2022 passed by learned 3rd Additional Sessions Judge, Haridwar in Sessions Trial No. 100 of 2016, whereby appellant/applicant has been convicted under Sections 302, 323, 504 of I.P.C. & 25 Arms Act. He has been directed to undergo imprisonment for life under Section 302 I.P.C. with fine of ₹20,000/- and, in default of payment of fine, he was sentenced to undergo further three months rigorous imprisonment; under Section 323 I.P.C., he has been directed to undergo one year rigorous imprisonment; under section 504 I.P.C., he has been directed to undergo one year rigorous imprisonment; and under Section 25 Arms Act, he has been directed to undergo rigorous imprisonment for one year with fine of ₹1,000/- and, in default of payment of fine, he has been directed to undergo further one month rigorous imprisonment. It was directed that all the sentences shall run concurrently.

(4) This bail application has been moved on behalf of appellant/accused - Deepak. (5) Learned Senior Counsel for the appellant submits that as per First Information Report, role of catching hold was assigned to two persons, namely, Prem & Manga @ Pankaj, whereas Deepak (present appellant) was assigned the role of inflicting stab wound injury upon the deceased. During investigation, these two persons i.e. Prem & Manga @ Pankaj have been left over by the Investigating Agency; therefore, they had never faced trial.

(5) No explanation, whatsoever, could be extended by the prosecution on this serious lapse in the investigation.

(6) Ms. Pushpa Joshi, learned Senior Counsel for the appellant further submits that the appeal is not likely to be heard in near future, as the appeal itself was filed only in the year 2022. She further submits that appellant is in incarceration since the date of his arrest i.e. on 17.10.2015 and he is languishing in jail since then.

(7) Having regard to the facts mentioned hereinabove and the period spent by the appellant in jail, the bail application (IA No. 2 of 2023) is allowed. Let the appellant - Deepak, be released on bail during pendency of this appeal on his executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the Court concerned.

(Pankaj Purohit, J.) (Manoj KumarTiwari, J.) 04.05.2023 Aswal