CRLA/723/2023
2023 Latest Caselaw 3107 UK

Citation : 2023 Latest Caselaw 3107 UK
Judgement Date : 12 October, 2023

Uttarakhand High Court

CRLA/723/2023 on 12 October, 2023

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                     COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      CRLA No. 723 of 2023
                                      Hon'ble Pankaj Purohit, J.

Mr. Ganesh Kandpal, Advocate for the appellant.

2. Mr. S.C. Dumka, Brief Holder for the State.

3. This is an appeal filed against the judgment and order dated 14.09.2023 passed by the Special Sessions Judge, Bageshwar in Special Sessions Trial No. 14 of 2021, State Vs. Deepak Ram and Another, whereby the appellant has been convicted under Section 3 of Uttarakhand Protection of Interests of Depositors (In Financial Establishment) Act, 2005 and was sentenced to three years rigorous imprisonment and a fine of Rs. 20,000/- with default stipulation of further four months simple imprisonment.

4. Admit.

5. Summon the LCR.

6. List this matter on 27.12.2023.

7. Heard on bail application.

8. It is submitted by learned counsel for the appellant that the appellant was convicted for a period of three years. However, he has already been under incarceration for a period of 583 days during the trial and while convicting he was enlarged by the learned trial court on interim bail under the provision of Section 389 of the Cr.P.C.

9. Having considered the rival contention of the parties, this Court is inclined to grant bail to the appellant.

10. Bail Application No. 1 of 2023 is allowed.

11. Let the appellant be enlarged on bail on the same terms and condition and sureties on which the appellant has been released on interim bail by the court concerned.

12. It is contended by learned counsel for the appellant that out of the fine imposed Rs. 20,000/- the appellant has already deposited Rs. 10,000/- a conviction; the realization of fine be stayed. Rest of the realization of rest of the fine Rs. 10,000/- fine is stayed.

(Pankaj Purohit, J.) 12.10.2023 Ujjwal