CRLA/331/2017
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Uttarakhand High Court

CRLA/331/2017 on 6 March, 2025

Bench: Manoj Kumar Tiwari, Vivek Bharti Sharma

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                                        CRLA No.331 of 2017
                                        Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Vivek Bharti Sharma, J.

Mr. Vishwa Prakash Bahuguna, learned Legal Aid Counsel for the appellant.

2. Mr. K.S. Bora, learned Deputy Advocate General along with Mr. J.P. Kandpal, learned Brief Holder for the State.

3. Learned Legal Aid Counsel would submit that as is apparent from the impugned judgment, appellant /convict was in jail since the date he was arrested as he has been shown to be present in judicial custody at the time of pronouncement of judgment of conviction.

4. Per contra, Mr. K.S. Bora, learned State Counsel would submit that as per the report received from the concerned Jail, the appellant/convict was in judicial custody from 02.07.2010 to 27.10.2010 and thereafter from 29.08.2017 till now.

5. Learned counsel for the State would submit that from the said report it seems that the appellant was not in judicial custody from 28.10.2010 to 28.08.2017.

6. The S.H.O. of the concerned Police Station i.e. Kalsi, District Dehradun shall file affidavit through State Counsel regarding the period of judicial custody of the appellant/convict before the next date of listing.

7. List this case on 18.03.2025 for hearing on the bail application or appeal, as the case may be.

(Vivek Bharti Sharma, J.) (Manoj Kumar Tiwari, J.) 06.03.2025 SS