CRLA/126/2017
2023 Latest Caselaw 2768 UK

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                                      IA No.2/2023 (Bail Application)
                                      IN
                                      CRLA No.126 of 2017
                                      Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. R.S. Sammal, learned counsel for the appellants.

2. Mr. J.S. Virk, learned Deputy Advocate General for the State.

3. This is an appeal under Section 374(2)of Cr.P.C. against the conviction recorded by learned Fourth Additional Sessions Judge, Haridwar in Sessions Trial No.299 of 2004, State vs. Swaroop Singh & others on 03.05.2017, whereby appellant-Noor Alam has been convicted under Section 364-A IPC and sentenced to life imprisonment along with fine of Rs.10,000/-with default stipulation of six months' additional imprisonment and he has further been convicted under Section 368 IPC and sentenced to life imprisonment along with fine of Rs.10,000/-, with default stipulation of six months' additional imprisonment. It was directed that both the sentences shall run concurrently.

4. Today, learned counsel for the appellant press the bail application of the appellant-Noor Alam.

5. Learned counsel for the appellant submits that all the co-accused/co-appellants who were convicted by the said judgment were granted bail by this Court on different occasions. He further submits that appellants-Noor Alam and Pradeep have not been granted bail earlier for the reason that the victim had identified them in dock during the trial but later on appellant-Pradeep has also been released on bail by this Court vide order dated 12.06.2023.

Learned counsel for the appellant claimed parity with that of the case of the appellant-Pradeep.

6. Learned counsel for the appellant also submits that there is some serious defect in the trial, so far as it is against the appellant-Noor Alam is concerned, inasmuch as, at a very belated stage on 02.12.2016 charges were framed against him and he was convicted; according to the learned counsel for the appellant this also vitiates trial of the appellant-Noor Alam. He further submits that the appellant has been under incarceration for the last six years and four months.

7. Per contra, learned State Counsel has candidly accepted that all the co-accused/co-appellants convicted by the aforesaid judgment have been granted bail including appellant-Pradeep, who has been assigned the similar role during trial.

8. Having considered the rival contentions of the learned counsel for the parties, we are of the considered opinion that at this stage, since, all the other co-accused/co- appellants were granted bail by this Court, appellant-Noor Alam is also entitled to be released on bail, more particularly, for the reason that he has already been under incarceration for the last six years and four months.

9. Accordingly, bail application is allowed.

10. Let the appellant-Noor Alam be released on bail during the pendency of this appeal, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

11. List this matter for final hearing in due course along with connected matters.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 20.09.2023 AK