Uttarakhand High Court
Deepak Alias Sudama vs State Of Uttarakhand on 20 February, 2025
Author: Alok Kumar Verma
Bench: Ravindra Maithani, Alok Kumar Verma
HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.12033 of 2024 (Second Bail Application)
In
Criminal Jail Appeal No.05 of 2019
Deepak Alias Sudama ....Appellant
Versus
State of Uttarakhand .....Respondent
Present:-
Mr. Pawan Mishra, Advocate, for the appellant.
Mrs. Manisha Rana Singh, AGA, with Mr. Pramod
Tiwari, Brief Holder for the State.
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Alok Kumar Verma, J.
Hon'ble Ravindra Maithani, J. (Oral)
Instant criminal jail appeal is preferred against
the judgment and order dated 09.08.2018, passed by
F.T.C./ Special Judge (POCSO)/ Additional District
Judge, Dehradun in Special Sessions Trial No. 02 of
2017, whereby the appellant has been convicted under
Section 6 of the Protection of Children from Sexual
Offences Act, 2012 and under Section 363 of I.P.C. and
sentenced to undergo rigorous imprisonment for a period
of 14 years and to pay a fine of Rs. 30,000/- under
Section 6 of the Protection of Children from Sexual
Offences Act, 2012 and in default of payment of fine, he
shall undergo additional rigorous imprisonment for a
period of two years. The appellant has also been
sentenced to undergo rigorous imprisonment for a period
of three years and to pay a fine of Rs. 5,000/- under
Section 363 of I.P.C. and in default of payment of fine, he
shall undergo additional rigorous imprisonment for a
period of one month. The appellant seeks bail.
2. This is the second bail application of the
appellant. His first bail application has been rejected by
the Coordinate Bench of this Court on 04.01.2023.
3. Heard learned counsel for the parties on the
bail application and perused the record.
4. Learned counsel for the appellant would
submit that the appellant is in custody since 12.10.2016.
He has been sentenced to undergo fourteen years of
rigorous imprisonment. There is a less chance of hearing
of this jail appeal in near future, therefore, the appellant
may be enlarged on bail.
5. Learned State Counsel, on instruction, would
submit that the appellant is in custody since 8 years 4
months and three days till 15.02.2025.
6. Right to speedy trial also includes the right to
speedy disposal of appeal as well. The appellant has been
sentenced to 14 years of rigorous imprisonment. He has
already undergone more than eight years in custody.
Therefore, keeping this fact in view, this Court is of the
view that it is a case in which the execution of sentence
should be suspended and the appellant be enlarged on
bail.
7. Consequently, the Second Bail Application (IA
No. 12033 of 2024) is allowed. The execution of sentence
appealed against is suspended during the pendency of the
appeal.
8. Let the appellant be released on bail, on his
executing a personal bond and furnishing two reliable
sureties, each of the like amount, to the satisfaction of the
court concerned.
9. List the appeal for hearing in due course.
(Alok Kumar Verma, J.) (Ravindra Maithani, J.)
20.02.2025
Pant / Neha
