Uttarakhand High Court

CRLA/529/2019 on 4 April, 2024

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                       Office Notes,
                    reports, orders or
sSL.                 proceedings or
         Date                                             COURT'S OR JUDGES'S ORDERS
 No                   directions and
                    Registrar's order
                     with Signatures
       04.04.2024                        IA No. 7120 of 2023 for Second Bail Application
                                         In
                                         CRLA No. 529 of 2019

                                         Hon'ble Ritu Bahri, C.J.

Hon'ble Alok Kumar Verma, J.

Mr. Arvind Vashisth, learned Senior Counsel, assisted by Mr. Lalit Sharma, learned counsel for the appellant/applicant.

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

3. The appellant has been convicted under Section 302 and 201 IPC and sentenced for life imprisonment vide judgement dated 17.09.2019, passed by the 4th Additional Sessions Judge, Dehradun.

4. As per information given by the learned counsel for the State, the appellant has undergone 7 years 7 months and 2 days in custody. As of today, he has undergone more than 8 years in custody.

5. The appeal is of the year 2019, and it is not likely to come up for hearing in the near future.

6. Without commenting on the merits of the case, and as per the judgment of the Punjab & Haryana High Court in the case of "Dharam Pal v. State of Haryana, 1999 SCC Online P&H 925", the second Bail Application (IA No. 7120 of 2023) is allowed, and the sentence of the present appellant/applicant Sachin Mishra is also suspended.

7. Let the appellant Sachin Mishra be released on bail, during the pendency of the present appeal, on suitable terms and conditions, as deemed just and proper by the learned trial Judge.

8. Registry is directed to give copy of the paper book to learned counsel for the parties.

(Alok Kumar Verma, J.) (Ritu Bahri, C.J.) 04.04.2024 KKS