CRLA/112/2021
2023 Latest Caselaw 1289 UK

                      Office Notes,
                   reports, orders or
SL.                  proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                   directions and
                    Registrar's order
                    with Signatures
      09.05.2023                        CRLA No. 112 of 2021
                                        With
                                        2nd Bail Application No. IA/2/2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Gaurav Singh, Advocate, for the appellant.

Mr. T.C. Aggarwal, Deputy Advocate General, along with Mr. Sachin Panwar, Brief Holder, for the State.

The appellant is a convict for the commission of offences under Section 354 of IPC and Section 7/8 of the POCSO Act. As a consequence of the judgment of conviction dated 09.03.2021, the appellant has been directed to undergo 2 years and 4 years of rigorous imprisonment respectively for the aforesaid offences and a fine too, has been imposed upon him.

It has been argued by the learned counsel for the appellant, that ever since rendering of the judgment dated 09.03.2021, the appellant has been taken into custody and he has been languishing in jail ever since 09.03.2021, as of now, he has already served the sentence of approximately over 2 years, as imposed upon by the judgment of conviction.

The learned counsel for the appellant further submits, that on a simpliciter perusal of the observations by the statements as recorded by the witnesses, no offence under Section 354 of IPC is made out against the present appellant. Besides this, the appellant is not carrying any criminal history, as such.

Owing to the aforesaid, the appellant is directed to be released on bail, subject to executing of his personal bond and two sureties, each of the like amount, to the satisfaction of the Magistrate concerned.

But, however, the release of the appellant would be subject to the condition of depositing 50% of the total penalty amount, as imposed by the judgment of conviction.

(Sharad Kumar Sharma, J.) 09.05.2023 Mahinder/