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CRLA/149/2019
2023 Latest Caselaw 1288 UK

Citation : 2023 Latest Caselaw 1288 UK
Judgement Date : 9 May, 2023

Uttarakhand High Court
CRLA/149/2019 on 9 May, 2023
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                        COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Short term bail application (IA/6903/2023)
                                 In
                                 CRLA 149/2019
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Bhuvnesh Joshi, Advocate, for the appellant.

Mr. J.S. Virk, Dy. Advocate General, assisted by Mr. Rakesh Kumar Joshi, Brief Holder for the State.

(2) Vide impugned judgment and order, appellant has been convicted, inter alia, for the offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of rupees one lakh. (3) Appellant has sought short term bail on the ground that his mother Smt. Phoolwati has been diagnosed with Duct Carcinoma (a type of cancer) in her breast and doctors attending to her have referred her to higher centre for further investigations.

(4) Mr. J.S. Virk, learned Deputy Advocate General appearing for the State, was granted time to get instructions. Today, he verified the facts stated in support of short term bail application. Learned State Counsel does not object to the short term bail application.

(5) It is not in dispute that appellant is in jail since 14.3.2019 and, in between, he was once granted short term bail and he was also on bail during trial and never misused the liberty.

(6) Having heard the rival submissions and considering the facts and circumstances stated above, appellant is granted short term bail for a period of three weeks from the date of his release, subject to his furnishing a personal bond and two verified sureties of the like amount, to the satisfaction of the Chief Judicial Magistrate concerned. Immediately after expiry of three weeks from the date of his release, appellant shall surrender himself before the Chief Judicial Magistrate concerned for being taken into custody.

(7) Short term bail application stands allowed accordingly.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 9.5.2023 Pr

 
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