Appellants vs State Of Uttarakhand
2025 Latest Caselaw 2281 UK

Uttarakhand High Court

Appellants vs State Of Uttarakhand on 6 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 HIGH COURT OF UTTARAKHAND AT NAINITAL
                  IA No. 1 of 2023 (Bail Application)
                                  In
                   Criminal Appeal No. 25 of 2023
Bachhan and others
                                                             ........Appellants
                                    Versus

State of Uttarakhand                                       ........Respondent
Present:-

       Mr. Harshpal Sekhon, Advocate for the appellants.
       Mr. V.S. Rawat, AGA for the State.


Hon'ble Ravindra Maithani, J.

The challenge is made to the conviction and sentence of

the appellants Bachhan, Julfikar alias Julfe and Navi Sher alias

Navi Sen recorded in Sessions Trial No. 79 of 2013, State v.

Bachhan & others, by the court of 2nd Additional Sessions Judge,

Rudrapur, District Udham Singh Nagar, on 22.12.2022. By it, the

appellants have been convicted under Sections 395, 397 and 412

IPC and sentenced as follows:-

(i) Under Section 395 IPC - rigorous

imprisonment for a period of seven years

and a fine of Rs. 5,000/- each and in

default of payment of fine, to undergo

additional imprisonment for a period of one

month.

(ii) Under Section 397 IPC - rigorous

imprisonment for a period of seven years

and a fine of Rs. 5,000/- each and in

default of payment of fine, to undergo

additional imprisonment for a period of one

month.

(iii) Under Section 412 IPC - rigorous

imprisonment for a period of seven years

and a fine of Rs. 5,000/- each and in

default of payment of fine, to undergo

additional imprisonment for a period of one

month.

2. The appeal is already admitted.

3. Heard on bail application.

4. Learned counsel for the appellants would submit that

the appellants have been sentenced for maximum seven years of

sentence; they have been in custody; their custody period has also

been mentioned in the judgment till that date. Learned counsel

would submit that since then the appellants have undergone more

than half of the sentence and there are less chances of early hearing

of the appeal.

5. Learned State Counsel admits that the appellants have

already undergone more than half of the sentence.

6. Having considered, this Court is of the view that it is a

case in which the execution of sentence should be suspended and

the appellants be enlarged on bail.

7. The bail application is allowed.

8. The execution of sentence appealed against is

suspended during the pendency of the appeal.

9. Let the appellants Bachhan, Julfikar alias Julfe and

Navi Sher alias Navi Sen be released on bail, during the pendency of

the appeal on their executing a personal bond and furnishing two

reliable sureties, each of the like amount, by each one of them, to

the satisfaction of the court concerned.

10. List the criminal appeal for final hearing on 10.06.2025.

(Ravindra Maithani, J) 06.03.2025 Avneet/