CRLA/660/2023
2023 Latest Caselaw 2826 UK

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                                 CRLA No.660 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Faizan Ali, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the appellant.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Admit the appeal.

Summon the LCR.

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

The appellant to the criminal appeal is a convict for the offence under Sections 307/34 of the IPC, who was tried in ST No.75 of 2014, "State Vs. Sajid @ Chota @ Others", whereby he has been sentenced to undergo 4 years of rigorous imprisonment, and in addition to a fine of Rs.15,000/- has been imposed upon him.

As per the records, which have been placed along with the appeal and, particularly, as per the observations made in the judgment of conviction, the appellant was arrested on 20.10.2013 and released on bail on 29.06.2015 and he was again sent to jail on 22.03.2023. As such, as on date, he has already served 2 years, 1 month and 23 days of his sentence, which is more than 50% sentence, as it has been imposed upon him by the impugned judgment, coupled with the fact, that the appellant submits, that the prosecution's story and the findings, as they have been recorded in the judgment of conviction, do not support prosecution's case, because it is contrary to the evidence on record and, apart from that, in the absence of a rightful appreciation, with regards to the recovery made of the cartridges and the report submitted thereof, has not been appropriately made by the Court.

For the aforesaid reasons, the appellant is directed to be released on bail, subject to furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Court concerned.

(Sharad Kumar Sharma, J.) 22.09.2023 Sukhbant