CRLA/300/2023
2023 Latest Caselaw 1456 UK

Citation : 2023 Latest Caselaw 1456 UK
Judgement Date : 23 May, 2023

Uttarakhand High Court

CRLA/300/2023 on 23 May, 2023

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                    COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                         Signatures

      23.05.2023
                                            CRLA No. 300 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Nalin Saun, Advocate, for the appellant.

Mr. Tumul K. Nainwal, Brief Holder, for the State.

Admit the Appeal.

Summon the LCR.

As a consequence of the judgment dated 29.04.2023, as rendered in Sessions Trial No. 5 of 2022, State Vs. Saheed Ahmed/Sahyeed Ahmed & others, the present appellant has been convicted to undergo one year of rigorous imprisonment and a fine of Rs. 1,000/- has been imposed for the offence under Section 354A(1)(i) of IPC, as well as for a sentence for three years for the offence under Section 354B of IPC and he has also been sentenced to undergo rigorous imprisonment for the offence under Section 506 of IPC for a period of three months.

As per the judgment of conviction, it reflects that the applicant was arrested on 07.09.2021 and he was later on directed to be released on bail on 17.12.2021.

The learned counsel for the applicant contends that apart from the fact that the finding which has been recorded in the impugned judgment is de-horse to the evidence which was placed on record and none of the offences for which the applicant has been convicted they are apparently made out against him.

He further submits that during the course of trial, he was on bail and that he has already served a sentence of about 102 days and during this period, he has never misused the same. Apart from the fact that the appellant is not carrying any criminal history.

Considering the aforesaid facts, 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 Court concerned.

Accordingly, Bail Application IA/1/2023 stands disposed of.

List as soon as the LCR is received.

(Sharad Kumar Sharma, J.) 23.05.2023 Mahinder/