CRLA/689/2023
2023 Latest Caselaw 3046 UK

                   Office Notes,
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                                     IA No.01 of 2023 (Bail Application)
                                     With
                                     CRLA No.689 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Bhuvnesh Joshi, Advocate, for the appellant.

Mr. B.C. Joshi, Brief Holder, for the State of Uttarakhand.

Admit.

Summon the lower court record. List as soon as the records of the court below are received.

The appellant, herein, is a convict for his involvement in commission of the offence under sections 323, 354, 452 and 504 of IPC, and under sections 7/8 of the POCSO Act.

As a consequence of the judgment of the conviction dated 15.09.2023, he has been directed to undergo one year of rigorous imprisonment for the offence under section 323 of IPC, one year of imprisonment for the offence under section 452 of IPC; three years of imprisonment for the offence under sections 7/8 of the POCSO Act.

During the course of the trial, the appellant was on bail, and it is contended by the appellant that during the course when he was released on bail by the trial court, he has never misused the same. Coupled with the fact that he contends that the prosecution story so far it relates to the involvement of the applicant in commission of the offence, has been misconstrued by the learned trial court while convicting the present appellant, as none of the offences could be specifically said to be made out against him because of the fact that the evidences, which were adduced by the prosecution were not corroborated and proved in accordance with law. He further submits that in case if he is released on bail he will not be misusing the same and would be diligently participating in the appellate proceedings as and when it is required.

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

The penalty amount which has already been deposited by the appellant as a consequence of the grant of the interim bail by the learned trial court at the time of the rendering of the judgment, that would continued to be deposited before the Sessions Court, during the pendency of the appeal.

(Sharad Kumar Sharma, J.) 10.10.2023

NR