CRLA/306/2018
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Uttarakhand High Court

CRLA/306/2018 on 12 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

              Office Notes,
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      Date    or directions
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             and Registrar's
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                               CRLA 306/2018
                               Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

Ms. Neelima Mishra Joshi, Legal Aid Counsel, for the appellant.

Mr. K.S. Bora, Deputy AG, with Mr. Dinesh Chauhan, AGA, and Mr. J.P. Kandpal, Brief Holder, for the State.

(2) Vide judgment and order dated 7.7.2018, passed by 1st Additional Sessions Judge, Dehradun in Sessions Trial No. 75 of 2014, appellant was convicted for the offence punishable under Section 302 and sentenced to imprisonment for life. First bail application was rejected on 17.7.2020, on merit. Now, second bail application (IA/14593/2024) has been moved on behalf of appellant-convict. (3) The new ground for bail is that the appellant suffered incarceration for a significant period of time inasmuch he undergone actual imprisonment of 11 years, 2 months and 23 days, as on today. It is further submitted that there is no allegation of any misconduct inside jail during the period of incarceration. Learned Counsel further contended that the appeal is not likely to be heard finally in the near future and under the prevalent practice, when a life convict has undergone 50% of the sentence (considering remission), he becomes eligible for consideration of bail pending appeal. (4) Learned State Counsel does not dispute period of incarceration undergone by the appellant-convict.

(5) Considering the prolonged period of incarceration undergone by the appellant, and the fact that appeal is not likely to be heard finally in near future, this Court is of the view that the appellant is entitled to be released on bail during pendency of the appeal.

(6) Accordingly, second bail application is allowed. Let the appellant be released on bail in the present case on his furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of Court concerned. The appellant shall furnish his mobile number and correct address to the SHO, PS Cantt., Dehradun and shall keep the same updated. The appellant shall mark his presence in the said police station once in every month. The appellant shall not commit any offence during the period he is on bail. If involved in any other criminal activity, the State shall be entitled to seek cancellation of bail.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 12.8.2025 Pr