CRLA/12/2021
2024 Latest Caselaw 2156 UK

Uttarakhand High Court

CRLA/12/2021 on 19 September, 2024

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
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      19.09.2024                        CRLA No.12 of 2021
                                        Hon'ble Ritu Bahri, C.J.

Hon'ble Alok Kumar Verma, J.

Heard Mr. Amit Kapri, learned counsel for the appellant/applicant and Mr. Rakesh Kumar Joshi, learned Brief Holder for the State on Third Bail Application (IA No.06 of 2023).

2. The appellant/ applicant is seeking suspension of sentence. He has been convicted vide judgment dated 26.11.2020, passed by the learned Sessions Judge, Pithoragarh in Sessions Trial No.26 of 2014.

3. As per the custody certificate, the appellant/ applicant has undergone 05 years, 02 months & 01 day in custody including remission, which includes 04 years and 26 days post conviction without remission.

4. The present appeal is of the year 2021, and it is not likely to come up for hearing in the near future.

5. 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", Third Bail Application (IA No.06 of 2023) is allowed, and the sentence of the present appellant/ applicant - Manoj Chand is also suspended.

6. Let the appellant/ applicant - Manoj Chand be released on bail, during the pendency of the present criminal appeal, on suitable terms and conditions, as deemed just and proper by the learned Trial Judge.

(Alok Kumar Verma, J.) (Ritu Bahri, C.J.) 19.09.2024 19.09.2024 Shiv/Pant