CRLA/135/2023
2023 Latest Caselaw 3179 UK

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                                      IA No.01 of 2023 (Bail Application)
                                      In
                                      CRLA No.135 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Ms. Soniya Chawla, Advocate, holding brief of Mr. Vikas Anand, Advocate, for the appellant.

Mr. V.K. Gemini, DAG, for the State of Uttarakhand.

The appellant is an accused for the commission of the offences under sections 307, 34, 413 and 414 of IPC, whereby he has been sentenced to undergo four years of rigorous imprisonment respectively for the offences under sections 307/34 of IPC; and two years respectively for the offences under sections 413 and 414 of IPC.

The appellant was arrested on 11.11.2015, and was bailed out on 17.10.2016, that means as of now he has already served about sixteen months of sentence; out of the total four years of sentence, which has been directed to run concurrently.

There had been bunch of criminal appeals, in which in most of the appeals, the bail applications has been rejected because the appellants, therein, were carrying a criminal history, which is not the case at hand, because the appellant case is that he is not carrying any criminal history and the said fact is not denied by the Government Advocate, that the appellant is not carrying any criminal history.

Owing to the aforesaid, since the appellant has served about sixteen months of sentence; and that since he is not carrying any criminal history; coupled with the fact that when he was on bail during trial, and he has never misused the same, the appellant is directed to be released on bail, subject to the furnishing of his personal bonds and two sureties of the like amount to the satisfaction of the court concerned.

However, his release on bail would be with a precondition of depositing 50% of the penalty amount as imposed by the judgment of the conviction.

(Sharad Kumar Sharma, J.) 17.10.2023

NR