CRLA/687/2023
2023 Latest Caselaw 2989 UK

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                                 CRLA No687 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Lalit Sharma, learned counsel for the appellant/ applicant.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Admit the appeal.

Summon the LCR.

List as soon as the records of the Court below are received.

The appellant herein is a convict for commission of offence under Section 67(A) of the Information Technology Act, 2000, by virtue of judgment of conviction dated 23.09.2023, as it has been rendered in SST No.262 of 2021, "State of Uttarakhand Vs. Vijay Johnson".

It is contended by the learned counsel for the applicant while pressing the bail application that he was arrested on 01.04.2021; he remained in custody during the pendency of the trial; and, as of now, he has already served two years and 170 days of sentence. As such, since he has already served more than 50% of sentence, as ordained by the Hon'ble Apex Court, he is entitled to be released on bail. Having considered the grounds taken in the bail application as well as the facts, as argued aforesaid, the appellant is directed to be released on bail, subject to furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Court concerned.

However, the imposition of penalty by the judgment of conviction dated 23.09.2023 would remain suspended.

(Sharad Kumar Sharma, J.) 06.10.2023 Sukhbant