CRLA/610/2023
2023 Latest Caselaw 2682 UK

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                                 CRLA No.610 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Parikshit Saini, learned counsel for the appellant.

Mr. B.C. Joshi, learned A.G.A. for the State.

Admit the appeal.

Summon the LCR.

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

Learned counsel for the appellant presses the bail application for seeking release of the applicant on bail, who is a convict vide judgment dated 19.08.2023 for his alleged involvement in the commission of offences under Section 323, 324, 307 of the IPC as determined in Sessions Trial No.82 of 2019.

The bail application has been pressed, on the ground, that apart from the fact, that the appellant was on bail during the course of trial and he has never misused the same. He submits that, in case, if the entire narration of story is taken into consideration, in fact, no specific role has been assigned to the present appellant in commission of offence, thereby assigning him with the role of stabbing the victim PW3 and PW8. It has been further argued by the learned counsel for the applicant that the other co-accused person, who was juvenile have already been acquitted by the Juvenile Justice Board.

He submits that, owing to the fact, that the injured have become hostile, coupled with the fact, that there is no direct evidence of involvement of the present applicant in commission of offences, he would be entitled to be released on bail.

Considering the entire facts, the appellant is directed to be released on bail, subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of the Court concerned.

Furnishing of his personal bond and two sureties, would mean that the sureties, if any supplied, at the stage of grant of interim bail, they will be taken in parlance, as to be sureties in pursuance of today's order.

(Sharad Kumar Sharma, J.) 13.09.2023 Sukhbant