Citation : 2025 Latest Caselaw 5491 UK
Judgement Date : 13 November, 2025
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.1 of 2024 For Bail Application
In
Criminal Appeal No. 659 of 2025
Safi Ahmed and Another ...... Appellants
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. V.K. Guglani, Advocate for the appellant.
Mr. Pankaj Joshi, A.G.A. for the State.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 18.10.2025, passed in Sessions Trial
No. 240 of 2022, State v. Shahrukh @ Salman and Others, by the
court of 3rd Additional Sessions Judge, Rudrapur, District Udham
Singh Nagar. By it, the appellant-Safi Ahmed has been convicted
and sentenced under Sections 363, 120-B, 506 IPC and Section
25(1-B)(A) of the Arms Act, 1959, and appellant Smt. Chhoti has
been convicted and sentenced under Sections 363 read with
Section 120-B IPC and Section 506 IPC.
2. Heard.
3. Admit.
4. Let call for the LCR.
5. Once LCR is received, paper books be prepared
and provided to learned counsel for the parties, as per rules.
6. List in due course for final hearing.
7. Heard on Bail Application (IA) No.2 of 2025
8. Learned counsel for the appellants submits that
the appellants have been sentenced to undergo imprisonment for
a period of 4 years; they have already undergone more than half of
the period of sentence imposed on them; there are less chances of
appeal being heard in near future.
9. The fact with regard to the period of custody,
which the appellants have already undergone, has not been
disputed by learned State Counsel.
10. Having considered the period of incarceration and
other attending factors, this Court is of the view that it is a case in
which the execution of sentence should be suspended and the
appellants be enlarged on bail.
11. The bail application is allowed.
12. The sentence appealed against is suspended
during the pendency of the appeal.
13. The appellants be released on bail during the
pendency of the appeal on their executing a personal bond and
furnishing two reliable sureties, each of the like amount, by each
one of them, to the satisfaction of the court concerned.
(Ravindra Maithani, J.) 13.11.2025
Ravi Bisht
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