Uttarakhand High Court
CRLA/511/2023 on 6 January, 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. 01 of 2023
In
CRLA No. 511 of 2023
CRLA No. 529 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Lalit Sharma, learned counsel for the
appellants in CRLA No. 511 of 2023.
2. Mr. Birendra Singh Adhikari, learned counsel for
the appellant in the connected criminal appeal No. 529 of
2023.
3. Mr. Sandeep Sharma, learned Brief Holder for the
State.
4. The Criminal Appeal No. 511 of 2023 has been
preferred by the three appellants (convicts) Suresh Singh
@ Sagar, Manoj and Deepak Sugda @ Digamber, and the
Criminal Appeal No. 529 of 2023 has been preferred by
the one appellant (convict)-Balwant Singh. Both the
appeals were admitted by this court and the Trial Court
record were received and the paper book was also
prepared and supplied to the learned counsel for the
petitioner.
5. All the appellants have been convicted by the
learned Sessions Judge, Pithoragarh, by judgment and
order dated 02.08.2023 passed in Session Trial No. 15 of
2017 'State vs. Suresh Singh @ Sagar and Others' for the
offences punishable under Sections 306, 232, 452, 504 r/w
Section 34 of IPC. The maximum sentence as awarded by
the Trial Court is 10 years rigorous imprisonment with
the fine of Rs. 50,000/- for the offence punishable under
Section 306 of IPC. Similarly, for the offence punishable
under Section 323 r/w Section 34 of IPC they have been
convicted with the sentence of one year rigorous
imprisonment and the fine of Rs. 1,000/- and for the
offence punishable under Section 452 of IPC r/w Section
34 convicted with the sentence of 07 years rigorous
imprisonment with the fine of Rs. 20,000/-. One of the
accused was the Juvenile, however, he was tried by the
Session Court, who is also the appellant herein namely
Balwant Singh.
6. Learned counsel for the appellants in Criminal
Appeal No. 511 of 2023 and learned counsel Mr. Birendra
Singh Adhikari in Criminal Appeal No. 529 of 2023
submits that all the appellants were on bail during trial
and they never misused the same and have no previous
criminal history.
7. Apart from this, learned counsel for the appellant
submits that earlier the FIR was lodged for the offence
punishable under Section 302 of IPC, but subsequently
they have been chargesheeted for Section 306 of IPC,
though there are no ingredients of instigation or abetment
to constitute the offence punishable under Section 306 of
IPC.
8. Apart from this, learned counsel for the appellants
submits that though all the appellants were on bail
during trial but after the judgment passed by the Trial
Court they all are in jail since 02.08.2023 and almost more
than one year four months they are in jail.
9. Learned State counsel have not disputed this fact
that the appellants have no previous criminal history and
were on bail during trial and never misused the same. On
merit he submits that after thorough investigation the
chargesheet was filed and the trial court rightly convicted
the appellants.
10. After hearing the arguments of the learned counsel
for the parties and further after taking into consideration
that the appellants were on bail during trial and never
misused the same and have no previous criminal history.
11. This court is of the view that the appellants
deserves for bail. Accordingly, without expressing any
opinion on the merit of the case the bail application is
allowed.
12. Let the appellants- Suresh Singh @ Sagar, Manoj,
Deepak Sugda @ Digamber of Criminal Appeal No. 511
of 2023 and Balwant Singh of Criminal Appeal No. 529 of
2023 be released on bail during the pendency of the
instant criminal appeal on furnishing their personal bond
and two sureties each of the like amount to the
satisfaction of the Court concerned. Realisation of fine
and sentence shall also remain suspended.
(Rakesh Thapliyal, J.)
06.01.2025
PR
