CRJA/57/2022
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Uttarakhand High Court

CRJA/57/2022 on 11 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures


                                      Bail Application No. 1 of 2024
                                      In
                                      CRJA No. 57 of 2022
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Mohd. Matloob, learned Amicus Curiae for the appellant/ applicant.

2. Ms. Pushpa Bhatt, learned Deputy Advocate General for the State.

3. This instant jail appeal was received from Superintendent, Sub Jail, Haldwani and admitted on 29.07.2022 and the trial court record was summoned and received and paper book is also prepared.

4. Present appeal has been preferred by the appellant (convict) against the judgment and order dated 16.06.2022 passed by learned Special Judge, POCSO Act, Rudrapur, Udham Singh Nagar in Special Sessions Trial No. 115 of 2019 whereby appellant has been convicted and sentenced to undergo 3 years rigorous imprisonment with fine of Rs. 3,000/- for the offence punishable under Section 363 IPC. He has also been convicted and sentenced to undergo 4 year rigorous imprisonment with fine of Rs. 4000/- for the offence punishable under Section 367 IPC. He has also been convicted and sentenced to undergo 10 year rigorous imprisonment with fine of Rs. 10,000/- for the offence punishable under Section 377 IPC. He has also been convicted and sentenced to undergo 10 year rigorous imprisonment with fine of Rs. 10,000/- for the offence punishable under Section 6 of the POCSO Act. All the sentences are directed to run concurrently.

5. Learned counsel for the appellant submits that appellant was arrested in the said crime on 19.02.2019 and since then, he is in jail and now, he has completed more than half of the sentence, therefore, appellant be released on bail.

6. Ms. Pushpa Bhatt, learned Deputy Advocate General, on the basis custody certificate, submits that appellant has already completed 5 years 10 months 10 days without remission and completed 6 years 6 months 8 days with remission. Learned State Counsel have not disputed this fact that appellant has completed more than half of the sentence.

7. Having heard learned counsel for the parties, this Court is of the view that since appellant has completed more than half of the sentence, therefore, he deserves for bail. Accordingly, without expressing any opinion on the merits of the case, bail application is allowed.

8. Let appellant - Subhash be released on bail during the pending of this appeal, on furnishing his personal bond and two sureties, each of the like amount, to the satisfaction of the court concerned.

9. Realization of the fine shall also remain suspended.

10. List this appeal in the month of October, 2025.

11. Registry is directed to send the copy of this order to the jail authorities and court concerned.

(Rakesh Thapliyal, J.) 11.02.2025 SKS