Citation : 2025 Latest Caselaw 4149 UK
Judgement Date : 9 September, 2025
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE MR. RAVINDRA MAITHANI
AND
THE HON'BLE JUSTICE MR. ALOK MAHRA
Criminal Appeal No. 414 of 2018
09th September, 2025
Balister .........Appellant
Versus
State of Uttarakhand ...........Respondent
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Mr. Mohd. Safdar, learned counsel for the appellant.
Mr. B.N. Maulakhi, learned D.A.G. for the State.
Ms. Reema Rana, learned counsel, holding brief of Ms. Shalini Thakral, learned
counsel for the complainant.
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Hon'ble Ravindra Maithani, J. (Oral)
Hon'ble Alok Mahra, J.
The instant appeal is preferred against the
judgment and order dated 17.10.2018 passed by learned
District and Session Judge, Haridwar in S.T. No. 276 of 2014
State Vs. Balister', whereby the appellant has been convicted
and sentenced for the offence punishable under Section 25 of
Arms Act.
2. The appellant seeks bail during pendency of the
appeal.
3. Heard learned counsel for the parties on the bail
application and perused the record.
4. Learned counsel for the appellant would submit
that the appellant has also been prosecuted for an offence
under Section 302 of the IPC along with an offence under
Section 25 of the Arms Act and against the conviction under
Section 302 IPC, the appellant has already been granted bail
in the appeal.
5. This fact has not been disputed by the learned
State Counsel as well as by the learned counsel for the
complainant.
6. 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.
7. The bail application is allowed.
8. The execution of sentence appealed against is
suspended during the pendency of the appeal.
9. Let 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.
10. List the criminal appeal for final hearing in due
course.
(Ravindra Maithani, J.)
(Alok Mahra, J.) Dated: 09.09.2025 Mamta/Ujjwal
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