CRJA/85/2023
2025 Latest Caselaw 5317 UK

Uttarakhand High Court

CRJA/85/2023 on 7 November, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  CRJA No.85 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Maneesh Bisht, learned legal-aid counsel for the appellant.

2. Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand.

3. Vide order dated 28.10.2025, the Office of the Government Advocate was directed to enquire the person who allegedly served the copy upon legal aid counsel for the appellant and to submit a report to this Court within a week.

4. The report is submitted by the office of Government Advocate on 31.10.2025.

5. Having gone through the said report, the explanation of the office of Government Advocate found to be convincing. Accordingly, the matter is closed. However, it is directed that in future, the precaution shall be taken by the office of Government Advocate while serving the copy of documents to learned counsel for parties.

Bail Application (IA/2/2024)

6. Learned counsel for the appellant/ applicant would press the bail application (IA/2/2024).

7. It is contended by learned counsel for the appellant/applicant that the appellant/ applicant is under incarceration vide judgment and order dated 20.05.2023 passed by learned Sessions Judge, Almora, Camp Ranikhet in Sessions Trial No.01 of 2021 State Vs. Parmanand and another. By the said judgment, appellant/applicant was convicted and sentenced as follows:

S. Conviction Sentence Fine Sentence in-

lieu of fine No.

1. 326 IPC 05 years' Rs.5,000/- 02 months' R.I. additional S.I.

2. 354 IPC 02 years' Rs.2,000/- 01 month's R.I. additional S.I.

3. 447 IPC 03 months' - -

R.I.

4. 504 IPC 01 year's - -

R.I.

5. 506 IPC 01 year's - -

R.I.

All the sentences were directed to run concurrently.

8. It is contended by learned counsel for appellant/applicant that appellant/applicant is in jail for the last 03 years 07 months and 19 days, which is clear from the custody certificate passed on to this Court by learned State Counsel. Same is taken on record.

9. It is contended by learned counsel for the appellant/applicant that the appellant/ applicant was convicted maximum 05 years' sentence and he has completed more than 50% of sentence imposed upon him, therefore, in the interest of justice, he may be released on bail during pendency of the present appeal.

10. Delay in filing the objection is condoned. Objection to the bail application filed by the State is taken on record. Delay condonation application (IA/3/2025) made therefor, is allowed.

11. Learned State Counsel has strongly opposed the bail application on the ground that there were eye-witnesses of the alleged incident and grievous injuries were found on the injured.

12. Having considered rival submissions made by learned counsel for the parties and having gone through the entire record, without entering into the merits of the case, this Court is of the view that since the appellant/applicant has already undergone more than 50% of the sentence imposed upon him, he deserves to be released on bail, during pendency of the present appeal.

13. Accordingly, the bail application (IA/2/ 2024) is allowed. Let the appellant/ applicant-Parmanand, be released on bail on his executing personal bond and furnishing two reliable sureties each of like amount, to the satisfaction of Magistrate concerned.

14. Put up for final hearing on 26.02.2026.

(Pankaj Purohit, J.) 07.11.2025 PN