CRLA/498/2023
2023 Latest Caselaw 2909 UK

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                                  CRLA No.498 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Arvind Vashitha, learned Senior counsel, through video conferencing, assisted by Mr. Hemant Singh Mehra, learned counsel for the appellants.

2. Mr. Akshay Latwal, learned Brief Holder for the State.

3. This is an appeal filed under Section 374 (2) Cr.P.C. against the judgment and order dated 15.07.2023, passed by IInd Additional Sessions Judge, Kashipur, Udham Singh Nagar in Sessions Trial No.60 of 2010, whereby the appellants have been convicted and sentenced as hereunder:-

S. Conviction Sentence Fine Sentence in-

                                   No.                                              lieu of fine
                                   1.       147 IPC      One year     Rs.5,000/-    One        month
                                                         R.I.                       additional R.I.
                                   2.       148 IPC      Two years    Rs.5,000/-    One        month
                                                         R.I.                       additional R.I.
                                   3.       506 IPC      Two years    Rs.5,000/-    One        month
                                                         R.I.                       additional R.I.
                                   4.       307    r/w   Seven        Rs.10,000/-   Three      month
                                            149          years R.I.                 additional R.I.

4. All the sentences have been directed to run concurrently.

Bail Application (IA No.1 of 2023)

5. On the last date, objections were sought from the State and today objection against the bail application is on record.

6. Learned counsel for the appellants submitted that though the appellants were named in the F.I.R.; thereafter, no charge-sheet was submitted against them and

subsequently they have been called as an accused under Section 319 of Cr.P.C.

7. It is further submitted by learned counsel for the appellants that it is a case where as many as 15 persons have been made accused of inflicting injuries on the injured witnesses and out of these 15 persons, 11 have been convicted, including the appellants.

8. Attention of this Court was drawn to para no.19 of the judgment and it is submitted that severe injuries were sustained by P.W.4-Pooran Singh, who sustained a pellet injury, on the back side of his head and on the left side of his chest, but it is not clear that on whose assault the injuries were caused to him.

9. Learned counsel for the appellants submitted that it is not certain as to who assaulted whom and in this view of the matter, at this stage, appellants are entitled to be released on bail.

10. Per-Contra, learned State counsel supported the submission that there were injured witnesses and the prosecution has proved its case beyond reasonable doubt.

11. Without expressing any opinion on the final merit of case, this Court finds it proper to enlarge the appellants on bail.

12. Let appellants- Kulvinder Alias Kinda and Jaspal Singh be released on bail, on their executing personal bonds and two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

13. List this case on 21.12.2023 for final hearing.

(Pankaj Purohit, J.) 29.09.2023 SK