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CRLA/19/2019
2023 Latest Caselaw 1291 UK

Citation : 2023 Latest Caselaw 1291 UK
Judgement Date : 9 May, 2023

Uttarakhand High Court
CRLA/19/2019 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/1/2023)
                                 In
                                 CRLA 19/2019
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Lokendra Dobhal, 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 for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of rupees ten thousand.

(3) Appellant has sought short term bail on the ground that his mother Smt. Bhama Devi is not keeping good health and as per the medical certificate, enclosed as Annexure-1 to the affidavit, she is suffering from a chronic illness and she not only needs social and emotional support to restore her health but also needs to consult Psychiatrist and Physician at higher centre. (4) Mr. Lokendra Dobhal, learned Counsel for the appellant submits, that appellant is the only child of his mother and affidavit in support of short term bail application has also been filed by his maternal uncle, who has come all the way from Punjab to swear the same. (5) Mr. J.S. Virk, learned Deputy Advocate General appearing for the State, was granted time to get instructions. Today, on instructions, he also submits that appellant's mother is suffering from various old age diseases. He further submits that appellant is in jail ever since his arrest in 2017 in connection with the present crime. Learned State Counsel does not object to the short term bail application.

(6) Having heard the rival submissions and considering the facts and circumstances stated above, appellant is granted short term bail for a period of two months 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 two months 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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