CRLA/95/2022
2023 Latest Caselaw 1273 UK

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                                      IA/3/2022 (Bail Application)
                                      In
                                      CRLA No.95 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Pradhan, learned Amicus Curiae for the appellant.

Mr. V.K. Gemini, learned Deputy Advocate General along with Ms. Meena Bisht, learned Brief Holder for the State.

Heard learned counsel for the appellant, the Amicus Curiae, as provided by the free legal aid services.

The applicant is a convict by the judgment of 20.11.2019 as rendered in S.T. No.23 of 2017, "State Vs. Anas", whereby by the judgment of conviction he has been sentenced to undergo ten years' rigorous imprisonment for the offences under Sections 392 to be read with Section 34 of IPC and thereby he has been directed to serve ten years of rigorous imprisonment and has been directed to pay a fine of ₹50,000/- as has been imposed on him.

It has been argued by the learned counsel for the applicant, that the appellant has been arrested in 2017 and during the course of trial he was not on bail, as would be apparent from the observations made in the trial Court's judgment of conviction, that he was brought in a judicial custody on the date of delivery of judgment.

Hence, as a consequence thereto, on a simplictor computation he has already served six years of his sentence out of the total ten years of sentence as imposed by the judgment under challenge. It has also been argued by learned counsel for the applicant that the other co- accused persons, who are appellants in the other connected Criminal Appeals no.673 of 2019, 692 of 2019, 715 of 2019 they have already been released on bail by the Co-ordinate Bench and hence he seeks parity too for the grant of bail.

Having considered the totality of the circumstances and having gone through the judgment of conviction, this Court is inclined to release the applicant on bail, subject to furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Sessions Court concerned.

(Sharad Kumar Sharma, J.) 08.05.2023 Sukhbant