Citation : 2025 Latest Caselaw 391 UK
Judgement Date : 14 May, 2025
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No. 306 of 2025
With
IA No.1 of 2025 For Bail Application
Tausif Ahmad ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Harshpal Sekhon, Advocate for the appellant.
Ms. Manisha Rana Singh, D.A.G. for the State of Uttarakhand.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 03.05.2025, passed in Sessions Trial
No.222 of 2019, State of Uttarakhand Vs. Tausif Ahmad and
Others, by the court of Third Additional Sessions Judge,
Rudrapur, District Udham Singh Nagar. By it, the appellant has
been convicted and sentenced under Section 306 IPC.
2. Heard.
3. Admit.
Call for the LCR.
4. Once LCR is received, let paper book be provided
to learned counsel for the parties, as per rules.
5. List thereafter for final hearing.
6. Heard on Bail Application (IA) No.1 of 2025.
7. It is argued by learned counsel for the appellant
that the appellant was on bail during trial; in the instant matter,
police has submitted the final report, but while rejecting the final
report, cognizance was taken by the Magistrate; there is a suicide
not in the instant matter, in which the deceased has not blamed
the appellant for any wrong done by him, instead, she has said
that in her suicide, the appellant has no role, but despite that, the
conviction was recorded.
8. The factual narrations, as stated, have not been
denied by learned State Counsel.
9. Having considered, this Court is of the view that it is
a case in which the execution of sentence should be suspended
and the appellant be enlarged on bail.
10. The bail application is allowed.
11. The sentence appealed against is suspended during
the pendency of the appeal.
12. 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.
(Ravindra Maithani, J.) 14.05.2025
Ravi Bisht
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