Uttarakhand High Court

CRLA/333/2019 on 23 May, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

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      23.05.2025                                   IA No. 3735/2024 (Second Bail Application)
                                                   In
                                                   CRLA No. 333 of 2019
                                                   Hon'ble G. Narendar, C.J.

Hon'ble Alok Kumar Verma, J.

Mr. Prateek Tripathi, learned counsel for the appellant.

2. Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.

3. This is the Second Bail Application moved by the appellant-Pawan Singh.

4. The First Bail Application of the appellant-Pawan Singh was rejected on 09.11.2022.

5. The appellant-Pawan Singh has been convicted and sentenced to undergo imprisonment for a period of one year along with a fine of Rs.3,000/- for the offence punishable under Sections 147/ 148 of the Indian Penal Code, 1860 (in short "IPC"); he has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs. 10,000/- for the offence punishable under Section 307 IPC, and, he has been further convicted for the offence punishable under Section 302 IPC and has been sentenced to undergo rigorous life imprisonment along with a fine of Rs.10,000/-, vide judgment dated 28.05.2019/ 04.06.2019, passed by the learned District and Sessions Judge, Champawat in Sessions Trial No.04/2016. All the sentences have been directed to run concurrently.

6. Heard learned counsel for the parties.

7. Mr. Prateek Tripathi, Advocate appearing for the appellant-Pawan Singh contended that the appellant no.3- Bhagwat Singh of the similar role, has already been granted bail on 18.09.2024. One co-appellant, namely, Ishwar Singh has also been granted bail on 09.05.2025 by this Court. Appellant-Pawan Singh is seeking parity with the said appellants. He further submitted that the appellant- Pawan Singh is in custody since 29.03.2016.

8. The present Appeal is pending since the year, 2019 and the Appeal is not likely to be heard within a reasonable period. The appellant-Pawan Singh has already undergone a significant portion of his sentence.

9. Having regard to the circumstances of the present case and the period of incarceration suffered by the appellant, the appellant-Pawan Singh should be granted bail.

10. The Second Bail Application (IA/3735/2024) is allowed. The appellant - Pawan Singh shall be released on bail on furnishing a personal bond and two reliable sureties to the satisfaction of the Court concerned.

11. List this Appeal in due course.

(Alok Kumar Verma, J.) (G. Narendar, C.J.) 23.05.2025 Shiv/JKJ