CRLA/644/2024
2025 Latest Caselaw 1981 UK

Uttarakhand High Court

CRLA/644/2024 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
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                                      Bail Application No. 02 of 2024
                                      In
                                      CRLA No. 644 of 2024
                                      Hon'ble Rakesh Thapliyal, J.

1. Ms. Prabha Naithani, learned counsel for the appellant/ applicant.

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

3. This is an admitted appeal, admitted on 02.01.2025 and the trial court record was summoned and received and paper book is also prepared.

4. Present appeal has been preferred by the two appellants namely Prema Devi and Braj Lal against the judgment and order dated 07.10.2023 passed by learned Session Judge, Uttarkashi in Session Trial No. 41 of 2021 whereby both the appellants have been convicted and sentenced to undergo 4 years rigorous imprisonment with fine of Rs. 10,000/- each for the offence punishable under Section 306 IPC.

5. Learned counsel for the appellants submits that appellant Prema Devi was not on bail during trial and she has already completed her sentence. She further submits that so far as, appellant no. 2 - Braj Lal is concerned, there is no direct evidence against him and furthermore, he was on bail during trial and now, he has completed more than half of the sentence.

6. Ms. Pushpa Bhatt, learned Deputy Advocate General, on the basis of custody certificate dated 02.01.2025, submits that appellant has already served 2 years 09 months 11 days as on 02.01.2025 and as such, 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 and he was on bail during trial, therefore, he deserves for bail. Accordingly, without expressing any opinion on the merits of the case, bail application is allowed.

8. Let appellant no. 2 - Braj Lal be released on bail during the pendency of the instant 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.

(Rakesh Thapliyal, J.) 11.02.2025 SKS