Uttarakhand High Court

CRLA/200/2016 on 7 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 Third Bail Application (IA No. 4572 of 2025)
                                 In
                                 CRLA No. 200 of 2016
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Ms. Shruti Joshi, learned counsel for the appellant / applicant.

2. Mr. Girish Chandra Joshi, learned AGA with Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand.

3. This Appeal under Section 374(2) CrPC has been preferred against the judgment & order dated 13.01.2016, passed by learned IV Additional Sessions Judge, Dehradun in Sessions Trial No. 147 of 2012, whereby appellant was convicted under Section 302 I.P.C. and was awarded maximum punishment of life imprisonment with fine of Rs. 50,000/-. The appellant has sought his release on bail.

4. Heard learned counsel for the parties on the third bail application moved on behalf of the appellant/applicant.

5. Learned counsel for the appellant submits that appellant is in jail continuously since 19.07.2012 and he was enlarged on short term bail, only once for a period of one month eleven days. Thus, she submits that appellant has remained under incarceration for more than 12 years.

6. Learned State Counsel was asked to get instructions. Today, on instructions, learned State Counsel submits that actual period of incarceration undergone by the appellant is 12 years 7 months and 22 days as on 22.04.2025. Thus, he submits that appellant has undergone more than 50% of the sentence. He has produced in Court the objection to the third bail application, which is taken on record.

7. Since there is no possibility of final hearing of the present Appeal in near future, therefore, in view of the fact that appellant/applicant has undergone actual incarceration of more than 12 years, therefore, he is entitled to be released on bail.

8. Accordingly, the Third Bail Application is allowed. Let the appellant-Prakash Chandra Bhatt be released on bail during the pendency of Appeal, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Court concerned.

9. List this appeal in due course.

(Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 07.05.2025 Navin