Uttarakhand High Court

CRLA/333/2019 on 9 May, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                               COURT'S OR JUDGES'S ORDERS
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      09.05.2025                        IA No. 3734/2024 (Second Bail Application)
                                        In
                                        CRLA No. 333 of 2019
                                        Hon'ble G. Narendar, C.J.

Hon'ble Alok Kumar Verma, J.

Smt. Pushpa Joshi, learned Senior Advocate assisted by Ms. Nipulmola Joshi, learned Advocate for the appellant.

2. Sri J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

3. This is the Second Bail Application. The First Bail Application of the appellant was dismissed as not pressed on 26.02.2021

4. The appellant - Ishwar Singh has been convicted and sentenced to undergo imprisonment for a period of one year along with a fine of Rs. 3000/- 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 imprisonment for life 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.

5. Heard.

6. Smt. Pushpa Joshi, learned Senior Advocate contended that the incident occurred at the time of Holi festival. It is a case of sudden fight, without any provocation. The allegations against the convicted persons are in general, and no specific role has been assigned to the present appellant. The appellant has been in judicial custody since 22.03.2016, and one convict of the similar role, namely Bhagwat Singh, has been granted bail on 18.09.2024.

7. Sri J.S. Virk, learned Deputy Advocate General for the State has opposed the Second Bail Application, and submitted that there are five injured witnesses, who supported the case of the prosecution, and the role of the appellant has been assigned by the injured witness, i.e. P.W.-2

8. The appellant is in judicial custody since 22.03.2016. The present Appeal is pending since 2019. The present Appeal is not likely to be heard within a reasonable period. The appellant has already undergone a significant portion of his sentence.

9. Having regard to the circumstances of the present matter and the period of incarceration suffered by the appellant, the appellant ought to be granted bail.

10. The Second Bail Application (IA/3734/2024) is allowed. The appellant - Ishwar 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.) 09.05.2025 09.05.2025 Rahul