WPCRL/819/2024
2025 Latest Caselaw 3555 UK

Uttarakhand High Court

WPCRL/819/2024 on 4 April, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

SL.           Office N ot e s,
N o.   Date      r e por t s,
                or de r s or                COURT'S OR JUD GE'S ORD ERS
              pr oce e dings
              or dir e ct ions
                     a nd
               Re gist r a r 's
               or de r w it h
               Sign a t u r e s
                                  Modification Application (IA No.04 of 2025)
                                  in
                                  WPCRL No.819 of 2024
                                  Hon'ble G. Narendar, C.J.

Hon'ble Rakesh Thapliyal, J.

1. Mr. Ankush Kumar Tyagi, learned counsel for the petitioner.

2. Mr. J.S. Virk, learned Dy.A.G. for the State of Uttarakhand.

3. The Modification Application (IA No.04 of 2025) has been moved on behalf of the petitioner, who is in jail in relation to Case Crime No.6067 of 2007 for modification of the order dated 26.09.2024, whereby the petitioner was granted interim bail on the ground that he has already undergone 20 years 02 months 06 days imprisonment with remission.

4. The petitioner is seeking modification of the order dated 26.09.2024 on the ground that in this order, the detail reference of the trial, in which the petitioner was convicted, has not been given.

5. Now in Para No.3 of the Modification Application, the reference of FIR number and the Session Trial number has been given, including the reference of penal provisions, in which the petitioner was convicted.

6. Accordingly, the Modification Application i.e. I.A No.04 of 2025 is allowed and the order dated 26.09.2024 is modified in the following terms:-

i) The petitioner (convict) convicted for the offence punishable under Section 302 IPC by the learned Session Judge, Rudrapur, District Udham Singh Nagar by judgment and order dated 06.01.2012 passed in Session Trial No.61/2008 arising out of the First Information Report bearing FIR No.6067 of 2007, Police Station-Kotwali Kashipur, District Udham Singh Nagar be released on interim bail.

ii) This order shall be treated as part of the order dated 26.09.2024.

iii) The copy of this order be sent to the concerned trial Court, i.e. the Court of Session Judge, Rudrapur, District Udham Singh Nagar, as well as to the concerned Jail Superintendent, i.e. District Jail Haridwar, for necessary compliance.

(Rakesh Thapliyal, J.) (G. Narendar, C.J.) 04.04.2025

Parul/Reena