Uttarakhand High Court

Hon'Ble Vivek Bharti Sharma vs Unknown on 2 June, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

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      02.06.2025                       CRJA No.99 of 2020
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Pooran Singh Rawat, learned Amicus Curiae for the appellant.

2. Mr. Akshay Latwal, learned Assistant Government Advocate for the State.

3. Present criminal jail appeal has been preferred against the judgment and order dated 15.02.2020 passed by the learned 1st Additional District and Sessions Judge, Udham Singh Nagar in S.T. No.321/2013, "State of Uttarakhand Vs. Krishnapad Mandal" whereby the appellant has been convicted under Section 306 IPC and sentenced to undergo ten years imprisonment along with fine of ₹10,000/- and in default of payment of fine to further undergo one year simple imprisonment.

4. Heard on the bail application.

5. Learned Amicus Curiae for the appellant/convict would submit that the appellant/convict is in jail from the date of judgement; that, apart from it, he might have been in jail before grant of bail before by the Trial Court; that, none of the ingredients for the offence punishable under Section 306 IPC, as defined under Section 107 IPC, is made out; that, the appellant /convict may be released on bail as the appeal may take considerable time for its conclusion due to heavy pendency of cases

6. Per contra, counsel for the State strongly opposed the bail application, however, admitted that factual position is not disputed.

7. Having considered the entirety of the facts and without expressing any final opinion on the merits of the case, the appellant/convict is admitted to bail.

8. Let the appellant/convict be released on bail, during the pendency of present criminal appeal, on furnishing bail bond with two sureties in the amount of ₹40,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.

9. Bail application (IA/1/2025) stands disposed of accordingly.

10. List this case on 12.08.2025 for final hearing.

(Vivek Bharti Sharma, J.) 02.06.2025 SS