CRLA/523/2023
2024 Latest Caselaw 693 UK

Uttarakhand High Court

CRLA/523/2023 on 12 April, 2024

Author: Pankaj Purohit

Bench: Manoj Kumar Tiwari, Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
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                                  CRLA No. 523 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. Ravi Bisht, learned counsel for the appellant.

(2) Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

(3) This is an appeal against conviction. By the impugned judgment, appellant has been convicted for offences punishable under Section 376(3) of I.P.C. and Sections 3/4 of POCSO Act. He is in jail since the date of his conviction.

(4) Appellant has sought short-term bail. According to him, he is young boy, who passed High School Examination in the year 2021, and now he has to appear in Senior Secondary (Class XII) Examination, which is scheduled to be held between 15.04.2024 to 21.05.2024. Date Sheet & Hall Ticket for written examination issued by National Institute of Open Schooling (in short 'NIOS') are enclosed with the short-term bail application.

(5) From Hall Ticket, it is revealed that appellant's Exam Centre is at Queens Public School, Nainital Road, Haldwani.

(6) On an earlier occasion, short-term bail, filed by the appellant, was allowed; he was granted short-term bail for a period of two weeks to enable him to appear in the practical examination, which was held between 15th to 23rd March, 2024.

(7) Learned counsel for the appellant submitted that having regard to the young age of appellant, he may be released on short-term bail so that he may appear in the Senior Secondary School Examination conducted by NIOS.

(8) Learned State Counsel was asked to get instructions. On instructions, learned State Counsel concedes that Senior Secondary Examination, conducted by NIOS, is scheduled to be held between 15.04.2024 to 21.05.2024.

(9) In view of the peculiar facts of the case, and also in the interest of justice, we are inclined to grant short-term bail to the appellant.

(10) Accordingly, short-term bail application (IA No. 03 of 2024) is allowed. Let appellant/applicant - Dheeraj Lodhiyal be released on short- term bail for a period of six weeks' from the date of his actual release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Magistrate concerned. Needless to say that after expiry of six weeks' period, the appellant/applicant shall forthwith surrender before the court concerned.

(11) Let certified copy of this order be supplied to learned counsel for the parties today itself, as per rules.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 12.04.2024

NR