CRLA/298/2015
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Uttarakhand High Court

CRLA/298/2015 on 17 March, 2025

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                                 I A No.1561 of 2024 ( Fourt h Bail Applicat ion)

                                 In

                                 CRLA No.299 of 2015

                                 H on'ble M a noj Kum a r Tiw a r i, J
                                 H on'ble Ashish N a it ha ni, J.

Mr. Mohd. Safdar, learned counsel for the appellants.

2. Mr. K.S. Bora, learned DAG, for the State of Uttarakhand.

3. This is an appeal against conviction. By the impugned judgment dated 27.08.2015, passed by learned Additional District & Session Judge, Laksar, Haridwar in Session Trial No.327 of 2014, "State Vs. Beer Singh & another", appellant

- Beer Singh, was convicted for the offence punishable under Section 302 read with 120B IPC, and was sentenced to life.

4. Heard on fourth bail application.

5. Learned counsel for the appellant no.1/applicant submits that the conviction is based on circumstantial evidence, chain of circumstances is not complete; appellant no.1 has been convicted only for the reason that a fire arm, allegedly used in the offence, was recovered from his house. He further submits that deceased is the son-in-law of appellant no.1, and appellant had no reason to kill his own son-in-law. He submits that appellant no.1, has already suffered actual incarceration of more than 10 years 3 months, and there is no likelihood of this appeal being finally heard in near future.

6. Learned State Counsel per contra submits that the fact that fire arm used for committing the offence was recovered from the house of the appellant no.1, in itself is sufficient to prove that appellant No.1 had committed the offence. Learned State Counsel, however, concedes that appellant no.1, has suffered actual incarceration of more than 10 years 3 months.

7. Learned State Counsel points out that as per custody certificate dated 24.02.2025, appellant no.1 had undergone sentence of 10 years 3 months 15 days without remission. He further submits that appellant no.2 was enlarged on bail much earlier.

8. Having regard to the period of the incarceration suffered by appellant no.1, and also the fact that the appeal is not likely to be heard finally in near future, we are inclined to grant bail to the appellant no.1 Beer Singh.

9. The fourth bail application is allowed. Let the appellant no.1 - Beer Singh, be released on bail, subject to the condition of his furnishing a personal bond with two reliable sureties, each of the like amount, to the satisfaction of the Magistrate concerned.

10. List these matters for final hearing on 16.06.2025.

( Ashish N a it ha ni, J) ( M a noj Kum a r Tiw a r i, J)

17.03.2025 NR/