CRLA/422/2024
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Uttarakhand High Court

CRLA/422/2024 on 17 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      CRLA No. 422 of 2024


                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Prem Kaushal, learned counsel for the appellants.

2. Mr. V.S. Pal, learned A.G.A. with Mr. Rakesh Negi, learned Brief Holder for the State.

3. The instant appeal is an admitted appeal, admitted on 30.07.2024 and the Trial Court record were summoned and received. Paper book is also prepared and supplied to the counsel for the parties.

4. The present appellants have been convicted by the Additional District and Session Judge, Khatima, District Udham Singh Nagar by judgment and order dated 06.07.2024 passed in Special Session Trial No. 114 of 2021 'State vs. Lal Mohammad and another' with the maximum sentence of 7 years R.I. and fine of Rs. 5,000/-.

5. Heard on bail application.

6. Learned counsel for the appellants submits that the appellants were on bail during trial and the appellants have no criminal history and the conviction is bad since there is no eye witness of the incident.

7. Mr. V.S. Pal, learned A.G.A. have not disputed this fact that the appellant was on bail during trial and never misused the same.

8. After hearing the arguments of the learned counsel for the parties and after perusing the record, this court is of the view that since the appellant was on bail during trial and never misused the same and have no criminal history, the appellants "Lal Mohammad"

and "Shamsher" deserves for bail. Accordingly the bail application is allowed.

9. Let the appellants be released on bail during the pendency of the instant criminal appeal on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. Realisation of fine shall also remain suspended.

10. List for final hearing in due course.

11. It is made clear that if both the appellants found to be indulged in any criminal activity the prosecution will take immediate steps to move an application for cancellation of bail.

(Rakesh Thapliyal, J.) 17.02.2025 PR