Citation : 2025 Latest Caselaw 304 UK
Judgement Date : 13 May, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 01 of 2025
In
Criminal Jail Appeal No.17 of 2025
Nanhe alias Mahesh ......Appellant
Versus
State of Uttarakhand ....Respondent
Present:
Mr. Amit Kapri, Advocate for the appellant.
Mr. V.S. Rawat, A.G.A. for the State.
Hon'ble Ravindra Maithani, J.(Oral)
Instant appeal is preferred against judgment and order
dated 17.12.2024, passed in Special Sessions Trial No. 06 of 2014,
State of Uttarakhand Vs. Nanhe alias Mahesh and others, by the
court of Special Judge (Gangsters Act)/2nd Additional Sessions
Judge, Rudrapur, District Udham Singh Nagar. By it, the appellant
has been convicted under Section 2/3 of the Uttar Pradesh Gangsters
and Anti-Social Activities (Prevention) Act, 1986 and sentenced to
undergo rigorous imprisonment for a period of two years and six
month with a fine of Rs.10,000/-. In default of payment of fine, to
undergo imprisonment for a further period of one month. The
appellant seeks bail in this appeal.
2. Heard learned counsel for the parties and perused the
record.
3. It is argued that co-convicts have already been granted
bail.
4. This fact is admitted by learned State counsel.
5. Having considered, without adverting much on merits,
this Court is of the view it is a case in which the execution of sentence
should be suspended and the appellant be enlarged on bail.
6. The bail application is allowed.
7. The sentence appealed against is suspended during the
pendency of the appeal.
8. The appellant be released on bail, during the pendency of
the appeal, on his executing a personal bond and furnishing two
reliable sureties, each of the like amount, to the satisfaction of the
court concerned.
9. List in due course.
(Ravindra Maithani, J.) 13.05.2025 Jitendra
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