State vs Unknown
2025 Latest Caselaw 1330 UK

Uttarakhand High Court

State vs Unknown on 25 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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1D                                 IA No. 2 of 2025
                                   In
                                   CRLA No. 82 of 2025
                                   Hon'ble Ravindra Maithani, J.

Mr. Akhil Kumar Sah, Advocate for the appellant.

Ms. Manisha Rana Singh, D.A.G. for the State.

Appellant Pawan Kumar Kholiya has preferred instant appeal against the judgment and order dated 25/28.01.2025, passed in Sessions Trial No. 70 of 2018, State Vs. Chandra Ballabh Joshi and others, by the Court of Sessions Judge, Nainital. By it, the appellant has been convicted and sentenced under Sections 307 read with 34, 452 IPC.

He seeks short term bail on the ground that he has to perform post death rituals of his father and his fathers varshik shraad falls on 31.07.2025. Therefore, in order to complete the post death rituals, he may be granted short term bail for a week.

Learned State counsel was required to get instruction.

Today, learned State counsel confirms that the appellant Pawan Kumar Kholiya has to perform last rites of his father and his varshik shraad falls on 31.07.2025.

Having considered, without adverting to the merits of the case, purely on humanitarian ground, this Court is of the view that the appellant Pawan Kumar Kholiya may be enlarged on short term bail for a period of three days from the date of his release.

Let the appellant be released on short term bail for a period of three days from the date of his release, subject to his furnishing a personal bond and two reliable sureties of the like amount, to the satisfaction of the court concerned.

After expiry of the period of short term bail, the appellant shall surrender before the court concerned and an information shall be forwarded to this Court.

The short term bail application is allowed accordingly.

List on 02.09.2025 alongwith connected matters.

Let a certified copy of this order be supplied to learned counsel for the parties, today itself, on payment of usual charges.

(Ravindra Maithani, J.) 25.07.2025 Jitendra