CRLA/685/2019
2025 Latest Caselaw 1551 UK

Uttarakhand High Court

CRLA/685/2019 on 7 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
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                                      Bail Application No. 4069 of 2019
                                      In
                                      CRLA No. 685 of 2019
                                      Hon'ble Rakesh Thapliyal, J.

1. Ms. Neelima Mishra, learned counsel for the appellant/ applicant.

2. Mr. Sandeep Sharma, learned Brief Holder for the State.

3. This Criminal Appeal was admitted by this Court on 16.12.2019 and trial court record were summoned and paper book was prepared and received by learned counsel for the parties.

4. Present appeal has been preferred by the appellant (convicts) against the judgment and order dated 14.10.2019 / 15.10.2019 passed by learned 2nd Addl. Session Judge, Haldwani, Nainital in Sessions Trial No. 15 of 2019 whereby appellant has been convicted and sentenced to undergo 10 years rigorous imprisonment with fine of Rs. 25,000/- for the offence under Section 376 IPC, convicted and sentenced to undergo six month rigorous imprisonment with fine of Rs. 500/- for the offence under Section 342 IPC, convicted and sentenced to undergo six month rigorous imprisonment with fine of Rs. 500/- for the offence under Section 323 IPC, convicted and sentenced to undergo one year rigorous imprisonment with fine of Rs. 500/- for the offence under Section 504 IPC, convicted and sentenced to undergo 2 years rigorous imprisonment with fine of Rs. 1,000/- for the offence under Section 506 IPC. With the direction that all the sentences shall run concurrently.

5. Learned counsel for the appellant submits that appellant was on bail during trial, however, he is in jail since the date of pronouncement of judgment i.e. from 15.10.2019 and now, he has completed more than half of the sentence.

6. 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 was on bail during trial and has completed more than half of the sentence, appellant deserves for bail. Accordingly, without expressing any opinion on the merits of the case, bail application is allowed.

8. Let appellant - Hari Krishna Sharma 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.

(Rakesh Thapliyal, J.) 07.01.2025 SKS