CRLA/653/2023
2023 Latest Caselaw 2801 UK

                    Office Notes, reports,
                   orders or proceedings or
SL.
         Date           directions and                   COURT'S OR JUDGES'S ORDERS
No
                    Registrar's order with
                          Signatures
      21.09.2023                              CRLA No. 653 of 2023
                                              Hon'ble Sharad Kumar Sharma, J.

Mr. Shakib Husain, Advocate, for the appellant.

Mr. Bhaskar Chandra Joshi, AGA, for the State.

Admit.

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

The appellant, in this Criminal Appeal is a convict for the commission of offence under Section 354-B of IPC and Section 7/8 of POCSO Act. As a consequence to the culmination of the Special Sessions Trial No. 23 of 2021, State Vs. Sartaj, by the judgment dated 11.09.2023, the appellant has been directed to undergo 5 years of rigorous imprisonment for the offence under Section 354B of IPC and similar sentence has been imposed upon him for the offence under Section 7/8 of POCSO Act. Both the offences are to run concurrently.

Learned counsel for the appellant presses the Bail Application i.e. (IA1/2023), on the ground that after his alleged involvement in the aforesaid offences, for which he has been convicted, he was arrested on 23.12.2020, and he was never released on bail during the course of trial and as of now, he has served more than 50% of the total sentence, as it has been imposed upon him by the impugned judgment.

He further contends that the prosecution story cannot be substantiated for the reason being that, it is based upon a miss appreciation of facts, which were placed on record.

Owing to the aforesaid facts, and particularly the dominant fact that the appellant has already served more than 50% of the total sentence, the appellant is directed to be released on bail, subject to executing of his personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Court concerned.

Accordingly, Bail Application (IA/1/2023) stands disposed of.

(Sharad Kumar Sharma, J.) 21.09.2023 Mahinder/